Kieth Raniere filed a Petition for Writ of Mandamus with the US Court of Appeals for the 2nd Circuit.
Through his attorney, Joseph Tully, Raniere asks the 2nd Circuit to disqualify Judge Garaufis from deciding on Raniere’s Rule 33 motion for a new trial.
Or, if the 2nd Circuit declines to disqualify Judge Garaufis, then order him to decide on his recusal before he considers the Rule 33 motion.
Keith Raniere is seeking a new trial
Raniere’s Rule 33 motion claims he has evidence that the FBI tampered with evidence.
Tully wrote, “the Court should issue a writ of mandamus directing the trial judge to recuse himself from the case and
for the case to be assigned to a new judge. In the alternative, the Court should issue a denial that nonetheless clarifies that motions for recusal should be ruled upon as a threshold matter before substantive issues are decided.”
A federal judge is expected to disqualify himself in any proceeding in which his impartiality might be reasonably questioned.
Tully argues Judge Garaufis “displayed personal distaste” for Raniere, his lawyers and Clare Bronfman to “an alarming degree” and should be ordered to decide about recusing himself before considering the Rule 33.
Raniere alleges the FBI manufactured and planted child pornography on a computer hard drive. The government then falsified, fabricated, and manipulated key evidence, including FBI personnel testimony, to convict Raniere of possession of child pornography and sexual exploitation of a child.
In May, Raniere made two motions before Judge Garaufis – to disqualify himself and his Rule 33 motion. Raniere had no choice but to file both simultaneously since the deadline for filing a Rule 33 motion had arrived.
Judge Garaufis has the discretion to rule on the recusal or the Rule 33 motion first.
Tully wrote, “If this Court does not grant this petition for a writ of mandamus, Raniere will be forced to wait until such time Judge Garaufis rules to discover in which order he rules on the motions. Due to the conflict in case precedent, it is a distinct possibility that the Rule 33 motion can be unfairly swept under the rug before the Recusal issues can be satisfied to comport with basic and fundamental fairness as well as
Constitutional Due Process.
“This would result in not only prejudice but also a loss of judicial economy as the tangled mess of having an unlawful, improper, and unfair ruling on a Rule 33 motion for a new trial prior to hearing the Recusal motion would take much time and attention to address ex post facto. The demonstrable evidence of FBI perjury and evidence tampering in Mr. Raniere’s trial is provable to a scientific certainty, a standard higher than even proof beyond a reasonable doubt, and Mr. Raniere only seeks to have his day in court to establish such.”
Joseph Tully
Returning to the subject of recusal, Tully writes, “While good judges do their best to rule on motions for disqualifications dispassionately, it is doubtful that a judge who actually is biased is likely to admit it. So they will continue to preside over proceedings in which their original bias against one party is now exacerbated by the fact that the party has requested recusal and publicly accused them.”
Will the 2nd Circuit disqualify Judge Garaufis, order him to decide on recusal first, or allow him to decide how he wants to handle the matter himself?
Stay tuned….
Tully wrote about Judge Garaufis’ alleged bias in this filing and in his earlier recusal motion.
Here is what Tully wrote in the Dec. 9, Writ of Mandamus
A. The Jury Trial
During the jury trial, Judge Garaufis repeatedly acted in ways
that would lead a rational person to understand that he has a deep-seated bias against Petitioner, tipping the scale of the trial in favor of the government.
For example, Judge Garaufis completely cut off cross examination of the government’s star witness, Lauren Salzman, before inviting further direct examination from the government. His order to cease cross-examination was absolutely damaging to Mr. Raniere’s case: though Ms. Salzman was called as a government witness, she also had
valuable exculpatory evidence that Mr. Raniere should have been allowed to elicit.
Additionally, the Court’s attitude toward Mr. Raniere’s counsel during trial was demeaning and bullying, communicating to the jury that the Judge Garaufis had made up his mind about the case
B. The Restitution Hearing
Judge Garaufis’ behavior at the restitution hearing was as
aggressive as it was bizarre. As reported by news media, at one point in the proceedings, Judge Garaufis spent thirty minutes in a strange and aggressive staring contest with Mr. Raniere’s counsel.
This incredibly odd interaction came after a very tense series of exchanges. The restitution hearing was the first appearance of Mr. Raniere’s counsel Jeffrey Lichtman and Marc Fernich. At the restitution hearing, it was established that co-defendant Clare Bronfman was paying for Mr. Raniere’s attorney fees, that Mr. Lichtman and Mr. Fernich were new to the case, and that they had spoken to Mr. Raniere on the phone once, for about one hour, to briefly summarize the government’s stance on restitution but had been unable to see him before the hearing to go over the government’s submissions.
Over several exchanges, Judge Garaufis berated Mr. Fernich for having requested a delay in proceedings by letter to give him time to come to Court reasonably prepared—whereas Judge Garaufis, for reasons clear only to him, believed counsel should have specifically stated that more time was needed to visit the client.
At a certain point, Judge Garaufis then began berating Mr.
Fernich for asking for a one-hour delay in the proceedings so that he could attend the funeral and shiva of a close friend and colleague.
C. The Sentencing Hearing
Judge Garaufis’ personal animosity toward Mr. Raniere was also displayed in his sentencing of his co-defendants.
Judge Garaufis imposed on Clare Bronfman a sentence of 81 months: three times the maximum sentencing range provided by the United States Sentencing Guidelines, and two years longer than even what the prosecution themselves had requested. The reason for this extreme departure, as
stated by Judge Garaufis himself, was the fact that Ms. Bronfman remained close with Mr. Raniere. Judge Garaufis wrote, “Ms. Bronfman’s allegiance to Raniere shines through again and again. She has paid his legal fees and, to this day, maintains that he ‘greatly changed her life for the better.’”
Judge Garaufis sentenced Ms. Bronfman not based on the crimes she pled guilty to, but based on his personal animosity toward Mr. Raniere.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
Please leave a comment: Your opinion is important to us!
To say that Garaufis’ position was/is biased in the Raniere case is a bit like saying the judges at Nuremberg held a low opinion of the Nazi High Command. There are very few judges who would see things any differently, apart from maybe Aileen Cannon!!!
Lorem ipsum lorem ipsum – vanguardum lorem?
Ipsum “Mandamus” lorem.
Ah! “Mandamus”! (ipsum – lorem ipsum, lorem ipsum…dollarus maximus… lorem ipsum)
ShadowState-
Everyone here is laughing at you!
https://news.yahoo.com/testimony-sean-hannity-said-did-170554324.html
And you’re crying. You’ve been played old chap.
“Dear Butt Hurt – I can only imagine the pain you are feeling. It appears to be an acute epileptoid manifestation of pan phobic melancholiac with indications of a neurasthenia cordus. Please stop reading the Frank Report for a period of not less than one year.”
Dear Ginzo!
🤦🏻♂️ I can only imagine the uppityness that you must be feeling while you rape this poor innocent white man of his Constitutional Rights and then flippantly mock him for rightfully calling it out! You must feel like a real Benito Mussolini or an Al Capone-like guido cartel of the internet like you’re genetically inclined to idolize their tyrannical and criminal power and behavior!
And boy oh boy! How must that make you forget your tiny old wrinkled, garlic-stenched, marinara nigger dick problems for a good long second!
It appears that you suffer from narcissistic-niggeritits with an acute manifestation of niggerdry as a deflection towards your severe manic depression and active paranoia and anxiety to your small nigger-penis syndrome!
As a doctor of Niggerology and Nigger-Pathology, I prescribe you to to be put into a hot box for 1 one week and after you’re brought out of your hellhole, to hug a tree shirtless and be whipped with 100 lashes by The Glorious Night Riders each day for no less than 10 years and to learn the ethics of true hard work by working in a cotton field and vineyard for no less than the rest of your worthless life that was made to serve our glorious and superior race and that you have the audacity to rebel against the decree of God in Genesis 9:2!
After you’re older than you are and your back gives out because of your hard labor, your owners will make you dig a large hole, hit you over the head with the shovel that you used to dig it, and have another nigger of your likeness in inferiority bury your guido ass in it and move on like nothing happened!
This is the cure for your mental illnesses and will bring you some good ol’ fashioned humility to help you remember your only place in this world! Pride wasn’t made for niggers! It was made for EXCLUSIVELY for The Glorious White Race for us to celebrate our divinity amongst the inferior creatures of Satan!
But once a nigger gets uppity, BOY OH Boy! Does it become as deadly as a cancerous tumor! And I’m afraid that this is the only noble thing to do about it when it’s gone this far other than to lynch you and hang you at the end of a rope in public as deterrent to other niggers who might get as uppity as you!
In my personal opinion, I think we should just do the latter, give you a first-class ticket to Nigger Hell, and call it a goddamn day (or more like a lifetime dealing with your sorry ragu-nigger ass and the amount of patience it’s taken! 🙄)
But what say you?! I’ll let you make the choice of how we deal with you from here!
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
✊🏻 IF WE BELIEVE!!!!!! ✊🏻
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
✊🏻 THERE’S A BETTER WAY! ✊🏻
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
My diagnosis still stands -acute epileptoid manifestation of pan phobic melancholiac with indications of a neurasthenia cordus. But I believe I have to add an additional indications of erotomania.
Scott (Patriot God),
As a Mormon man, who happens to play Dungeon & Dragons; how do you reconcile worshiping God and playing a Satanic board game?
Do you miss the 1st Ed. rules when all a man needed was a +3 sword and 18/00 strength?
Do you ever shoot an old school
1st Ed. rules “Blue Ball” from Heaven at unruly gamers?
Did KR come up with an actual argument this time? Other than a demand to let him out of jail?
He argued the judge was so biased that he could not judge him fairly and gave three examples. I do not think it will be persuasive.
When will Frank stop being an asshole and stop censoring Patriot God and his fellow patriots and actually follow the 1st Amendment that he claims to revere so much instead of acting like a character straight out George Orwell’s “1984”?! 🤔
Your understanding of the word censorship and the 1st Amendment is sorely lacking. This is Frank’s blog, and he can pick and choose what he wishes to publish here. Your probably never read 1984 as well.
“Your understanding of the word censorship and the 1st Amendment is sorely lacking. This is Frank’s blog, and he can pick and choose what he wishes to publish here. You’ve probably never read 1984 as well.”
You’re obviously a boomer with the bullshit you just attempted to spread! This is a public arena! This whole “private companies can censor anyone they want” is propaganda straight out of crony capitalism!
The fact is he shouldn’t be picking comments to publish in the first place! That’s the first problem to begin with! We should be able to automatically post our own comments as well as edit and delete them like other social media websites do!
There shouldn’t be “approved” speech to begin with! That is “1984”, dipshit! If you disagree, then YOU are the one who hasn’t read it, or you’re just illiterate, and/or both!
I wasn’t asking you to begin with! You have no fucking clue what you’re saying, but you have the audacity to try and project your ignorance unto me! YOU’RE THE ONE who doesn’t understand censorship and the 1st Amendment!
You’re an idiot! Fuck off and go back to China, you CCP-simping fuck!
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The last I checked, Frank (who is not Congress), has not passed any law abridging your free speech.
Regardless, he published your rant (I assume unabridged).
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
“The last I checked, Frank (who is not Congress), has not passed any law abridging your free speech.”
Yeah! Nice red herring there! Yes Frank isn’t Congress! But Congress HAS IN FACT MADE LAWS that allow private companies like him to censor free speech! I don’t know if you’ve watched politics lately, but this is a huge controversy of today with private companies and censorship! By what you just said, it clearly demonstrates what side of that debate you’re on!
If you want pieces of shit like Frank to “approve” your speech so much, then why don’t you just move to fucking China?! Hell! They’re working their asses off to get “Social Approval” (A.K.A. Social Credits) there and if you’re on the blacklist, then you can’t do shit, can’t buy nothing, and your whole life is fucked! You’d love it there!
Nobody (including private companies) should be able to control/censor speech!
You have no idea what you’re talking about! If the founding fathers were alive today and saw what Frank was doing, they would be outraged that a foreigner is doing this and demand him be executed!
“Regardless, he published your rant (I assume unabridged).“
Yes! He did! That doesn’t mean he does it consistently with me and/or everybody else! ESPECIALLY PATRIOT GOD AND HIS AFFILIATES! That doesn’t prove anything! Like I told you before, I SHOULDN’T HAVE TO RELY ON HIM TO PUBLISH MY FUCKING COMMENTS IN THE FIRST PLACE!!!!! I SHOULD BE ABLE TO PUBLISH THEM MYSELF!!!!!!
DO YOU GET THAT NOW?!
By the way, I love how everybody on here when anybody addresses an issue first decides to butt in, then always tries to use words like “rant” to diminish the body of substance that the other person is trying to communicate with! Such intellectual laziness of you all!
That’s a very popular catchphrase amongst you kids here! What a cowardly way to debate! You barely have to deal with the arguments (much like you’ve already been doing)! Just throw out a bunch of red herrings and slap the word “rant” on it and you’re done! What intellectual people you all are!
It’s like a magic word that you all think makes the problem vanish if you say it over and over like the opposite of saying, “Bloody Mary” three times in a mirror! Grow up and just deal with the damn substance properly and stop trying label things like that! It’s so fucking immature! Better yet! Mind your own goddamn business since nobody was talking to you and you obviously have nothing worthwhile to contribute to this conversation!
You could make a good communist with that kind of sloppy interpretation of the 1st Amendment!
Go join a communist regime where you belong!
Dear Butt Hurt – I can only imagine the pain you are feeling. It appears to be an acute epileptoid manifestation of pan phobic melancholiac with indications of a neurasthenia cordus. Please stop reading the Frank Report for a period of not less than one year.
No one needs to attribute any ignorance to you. You have that covered.
“No one needs to attribute any ignorance to you. You have that covered.”
Says the dumb asshole who can’t even point out what demonstrates my “ignorance” is “covered”!
Fuck off, you goddamn troll! Shut your mouth and mind your own business!
Too stupid for the complexities of patriotism? Convinced you are, or follow a demiurge?
Is the right to Self-Awareness covered in the constitution? Or do we take care of such things on our own?
Because, every one of your comments reveals a tremendous lack of it. fix up dude- DIY!
Oh look I have offended an angry troll, demanding that I go away or he will throw another big hissy fit, further demonstrating his ignorance.
Would be funny if the judge recuses himself then another judge comes in and says the Rule 33 claim is all horseshit, and then further requires Cami to validate that those pics are her under oath which she willingly does, and also calls Rhiannon in to testify that Raniere indeed raped her when she was 12 so that he can apply those charges on top of his sentence.
Yes, this is a fantasy but it is more real than anything the deadenders and Raniere claim.
The problem here is that Tully merely filed the petition and asked the judge to comply. It is far more effective to gather a group of people together with a television camera and storm his office, and then demand it of him. That’s the best way.
Better yet, have Nancy Salzman come by his office and hypnotize him. Ooops, she’s still incarcerated – never mind.
How do you see it playing out Frank?
I’m no expert, but I doubt they will order the Judge to recuse. Possibly they will order to rule on the recusal first. Best guess is they will decline to do anything and leave it up to Judge Garaufis. But I am as I said no expert.
Garaufis should absolutely recuse himself.
This is where laws are total bs. So many judges should recuse but their need to power and dominance – combined with extreme arrogance, leads them to reman on every case.
Here, it’s so clear that he has bias against Raniere and his prior counsel. His conduct in the staring contest should be enough- but cutting off cross examination of govt witness clearly shows he was trying to protect the prosecutors story.
Judges are people, not dispassionate robots. Garaufis heard all the overwhelming evidence detailing KR’s cruel crimes along with the jury. The jury spoke loud and clear with their verdict. It’s no surprise that the judge concurred. This does not prove bias, but rather jurisprudence at its finest.
Yeah that is the reason.
Raniere’s Attorney could have recalled Lauren Salzman back for more cross examination the next day. He chose not to, lending no ability to appeal that issue.
And the judge could have recused himself from sentencing Lauren Salzman as well.
Since Clyne and the handful of other other cult remnants can’t accept reality, it’s hardly surprising that Raniere can’t either.
Raniere got a fair trial and was found guilty. End of story.
Just because the judge saw what a scum bag KR is and treated him as such, doesn’t mean he should recuse himself. He hates KR so much it’s fantastic. I bet he looks forward to putting the final nail in the coffin…I sure would.
Every thinking lawyer knows: Good judges berate all kinds of lawyers in all kinds of cases.
Maybe from now on, a New Complaint Form should be available to file with the Clerk’s Office for lawyers wanting to file complaints and/or request special accommodations. The form should probably include 74 (not just 72) choices and “Slave” and “Master” could be added as options. A designated line at the top of the form could be easily seen and easily accessible so all lawyers can clearly indicate their preferred safe spaces in the courthouse.
It probably makes the most sense to make rooms available next to each courtroom for the lawyers’ convenience and to save court time. Soft carpeting, comfortable lounge chairs and relaxing music with soft lighting would help — but the lights should be fully adjustable and follow all mandatory environmental guidelines. A smaller line can also be available at the top of the form to indicate expected recovery times. A medium-sized line could be there too, to indicate preferred choices of snacks and beverages.
The jury found Raniere guilty of all counts.
In what world should any date on any photo added by anyone for any reason force New York taxpayers to spend millions more to process every bit of that NXIVM nightmare again and again from beginning to end?
Given the choice of whether or not to fund more Raniere trials, most taxpayers would roll their eyes and think the obvious. Most taxpayers, most judges and most juries aren’t stupid.
“Judicial emotion cannot be eliminated, but it can be well-regulated. Righteously angry judges deserve not our condemnation but our approval.” Terry Maroney, Vanderbilt University Law School
Paid by tax payers – and mister greasy was not one of them.
Great clip.
Tully’s argument is true.
But it doesn’t go far enough. Garaufis was not only biased against the defendants, but also biased for any of the witnesses who received government deprogramming and flipped, such as Lauren and Camila.
Garaufis also used tainted evidence in his court room to convict the defendants, even after the FBI property and evidence manager testified under oath – right in front of him – that the evidence was tainted.
This all means Garaufis will never recuse himself. His intent was never to conduct a fair and just trial in the first place. This was a government show trial from the beginning.
The fix was in.
And Garaufis was the fixer.
Alanzo
Oh shut up you cult shill. None of this happened like you suggested.
Federal Judge Garaufis ‘sir’?
Is that you?
Maybe I should have started out my comment be saying “Correct me if I’m wrong, but…”.
Yet you won’t. All you can do is call me names.
Why? Because you can’t correct me.
Why?
Because I’m not wrong, and you know it.
Alanzo
ROFL. As if a standing judge would give a shit what some cult shill claims about his judgement to respond to him here.
One only has to read your tweets and comments to know that you’re about as objective as the deadenders concerning all of this.
JUDGE GARAUFIS FOLLOWS ME ON TWITTER!
Which sock account do you have?
Are you “Fuck You I Quit”?
Or is that Moira?
Alanzo
When did you become an expert?
Agree 100 percent.
Garaufis acted to suppress evidence from getting onto the record and ignored gross violations of procedure.
Moira and Garaufis are in it together. And now she’s moved on for more money.
I would have been disgusted enough to resign, too.
Alanzo
I heard Alanzo is [redacted]
The government never claimed that they “deprogramed” any witnesses. The government did indeed testify that the witnesses were in essence deprogrammed. The witnesses deprogrammed themselves when they left the clutches of the NXVIUM cult and rejoined society. Leaving a cult is a long process that could take years.
What they said in court is posted from the transcripts in the article I linked to.
They told Judgy G that the witnesses needed to be deprogrammed “so that they could make sense to a jury”.
In other words, they were deprogrammed to change their testimony.
That is, of course, witness tampering under the superstitious guise of “brainwashing”.
If you’ve ever read the documents from the Salem Witch trials, you’ll see the same superstitious logic there, too.
Alanzo
Ha ha ha. Now I’ve heard it all. The latest conspiracy! The government deprogrammed or hypnotized the witnesses.This just gets funnier. I thought they threatened them? Now the government have brainwashed the witnesses.
“Deprogramming” just means clearing a clouded mind of retarded cult word salad thinking. It’s like pulling a car out of mud in which it’s wheels are spinning and going nowhere. Once it’s free of the mud the car can be driven wherever it wants.
Exactly. Alanzo uses this obfuscation to insist that it was the government that deprogrammed the witnesses. There was no testimony that this happened, and no evidence to this point has been uncovered since.
Leaving a cult and recovering your old self is in itself a process that could be referred to as deprogramming.
“They told Judgy G that the witnesses needed to be deprogrammed “so that they could make sense to a jury”.”
Not just to the jury, try the rest of the planet.
Alanzo-
—Tully’s argument is true.
All of justice Garaufis’s procedural legal decisions and judgements fell within common practice.
Judges like police are given a huge amount of discretion. There is no obvious malevolence as claimed by Raniere’s attorney.
What qualifies you to make the declaration,
“Tully’s argument is true?”
Please explain.
Please grant me an intelligent discourse on the topic in question
Since some form of professional misconduct of equal significance happens in most every case, why not just overturn all precedent setting cases involving professional misconduct of equal significance?
Why not just overturn every such case and promptly schedule the retrials?
In the alternative, legislators and bureaucrats could just knock it all down and start over. That’s the goal for so many in positions of authority and full control now anyway. Remember? They’re “building back better” at the top of the heap. A slave master case would be the perfect place to start a new order out of chaos in the nation’s courts.
Go back in time to figure it out.
What horrible brood of vipers knew what “NXIVM“ was doing for twenty years and who let it happen?
What date does all of this have to be decided by?
No deadlines.
Poor Keith – he had no problem using the courts as a cudgel against his enemies, aided and abetted by the Bronfmans’ fortunes. Now, the judges, juries and entire legal system conspire to treat him unfairly. He was lucky in that allegations of his raping a 12 year old before his NXVIUM days would have been too prejudicial to be brought up as evidence in his trial. Now, his last ditch hope hinges on whether a time-stamp of a nude picture may have been altered. The mountain of all the other evidence presented in the case buries this unproven trivial point.
I agree with Davey Boy.
Sorry, but no proof that the judge was biased was given.
Everyone on the planet who knows or might come to know of Raniere (except the deadenders and others like him) have or would gain a personal distaste for Raniere. He’s a morally repugnant individual. That doesn’t mean the best of those who are appointed/elected to do so, i.e., judges can’t see objective evidence and judge him objectively.
This is not Raniere’s secretive, compartmentalized, and enclosed little fiefdom where he sat at the top of the hierarchy and served as judge, jury, and executioner.
“ This is not Raniere’s secretive, compartmentalized, and enclosed little fiefdom where he sat at the top of the hierarchy and served as judge, jury, and executioner. “
Spot on! The tables have turned. Vanguard has become Vangone…..
This whole NXIVM saga demonstrates how life in a community can descend into chaos when you have people in a position of power that are unfit, unqualified or downright evil. You see this on a larger scale in American politics today…….
Not just the US sadly…
Colombia’s vice president will sue Argentina for not having black players in the world champion soccer team.
https://www.alertadigital.com/2022/12/21/la-vicepresidenta-de-colombia-demandara-a-argentina-por-no-tener-jugadores-negros-en-la-seleccion-campeona-del-mundo/
Not going to work but what else does he have to do?
Unless I’m mistaken, Raniere has yet to pull out the “Ineffective Assistance of Counsel” card. Don’t think that would work either, but as long as he’s unabashedly continuing to burn Bronfman money, he still might try it.