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FOIA 2015 update: Salemme was “Granted IMMUNITY”

DOJ[1] Copy of the FOIA response showing Francis P. Salemme was in-fact “Granted IMMUNITY” on December 13, 1999, one day before he testified against Marino , via: USA v. Marino, 97-cr-40009-NMG. (District of Massachusetts/Boston);Also enclosed is Salemme‘s Plea Agreement;
Assistant Attorney General Kenney’s GRANTING SALEMME IMMUNITY on December 13, 1999;

[2] Marino v. Watts , et al., civil #12-cv-801-RFT-NAM. (Northern District of New York/Syracuse) “Reply in Opposition to Magistrate Judge’s Report and Recommendation;

________________________________________________________________________________________________  {Follow on Twitter: @Project_Marino}

GERARKIS (NOW PUBLICALLY) disclosed then under-seal tapes which he stated that he taped Marino, knew Marino and done business with Marino .Further investigation by the FBI and Department of Justice lawyers per review of the tapes and transcriptions of them revealed that GERARKIS DID NOT TAPE Marino, DID NOT even know Marino and DID NOT ever do business with Marino, this in it self also refutes Assistant United States Attorney’s: Jefferey Auerhahn  and Cynthia Ann Young’s assertions that of the same.

Assistant United States Attorney’s: Jefferey Auerhahn

In any event Assistant United States Attorney’s Jefferey Auerhahn and Cynthia Ann Young both INTENTIONALLY WITHHELD core exculpatory material Brady, Giles and Giglio evidence from Marino specifically on December 14th, 1999, that Salemme was in-fact GRANTED IMMUNITY from prosecution by U.S. Assistant Attorney General Mr. Kenney on December 13th, 1999, thus AUSA’S: Auerhahn  and Young intentionally committed a felony on record in open court by stating that Salemme  WAS NOT granted immunity and that they would NOT grant him immunity, clearly knowing he was already immunized from criminal prosecution.

 

 WHAT IS The NEXUS, What does this mean?

Francis P. Salemme

First the government’s entire case against Marino, premised under the theory during OPENING, TRIAL TESTIMONY of FBI agent: Michael J Buckley and Closing arguments that “SALEMME SEEN MARINO SHOOT HIM ON JUNE 16th, 1989,” and kept sending people to kill him who 3 were killed, 7 more were shot and one more was stabbed and 14 more were targeted for assassination thereafter, generating motive, intent etc.

Salemme‘s testimony that he did NOT see his attackers and could NOT identify Marino as one of them, strikes in the heart of the government’s case against Marino, also Marino requested on December 14th, 1999, that the government GRANT SALEMME IMMUNITY from prosecution and the Government refused knowing Salemme  was fully IMMUNIZED one day before by the Assistant U.S. Attorney General Mr. Kenney.Also while Salemme enjoyed his IMMUNITY from prosecution he testified against FBI agent:  John Connolly Jr in front of a federal grand jury in which Marino‘s trial judge WAS THE JUDGE there as well also INTENTIONALLY KNEW that Salemme was also GRANTED IMMUNITY from prosecution one day before Salemme testified against Marino at Marino‘s jury trial without the jury present. Vior Dire.

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In any event the government intentionally committed a felony on public record against Marino‘s substantial rights, thus requiring a new trial and or a favorable plea agreement, forthwith.  Moreover, requiring a independent investigation by the Office of Professional Responsibility (OPR) concerning supra.

Marino’s issues concerning his pending 2241 Motion

{Follow on Twitter: @Project_Marino }

In the United States District Court Southern District of West Virginia Bluefield Division:
See Marino v. Masters, et al., civil action #13-cv-32690(S.D.West Virginia/Bluefield Division).According to the government stipulated to all of Marino‘s Facts and Arguments, but stops short of granting Marino relief.

Background:

jaOn September 28, 1998 the government (District of Massachusetts U.S. Attorney’s Office/AUSA: Auerhahn ) moved to dismiss Count 30/Predicate Racketeering Act-B Cocaine conspiracy against Marino, DURING MARINO’S LIVE JURY TRIAL.See Document: 581, via: USA v. Marino, 97-cr-40009-NMG. (D.Mass).On October 22, 1998, the district court (Judge: Nathaniel M. Gorton, D.Mass/Boston) ALLOWED (Document: 581) the government’s Motion to Dismiss Count 30/Act-B cocaine conspiracy against Marino, also during Marino’s LIVE JURY TRIAL.See Document Date: October 22, 1998, in support. Via: USA v. Marino, 97-cr-40009-NMG. (D.Mass).
Thereafter, on December 22, 1999, VERDICT FORM, the government knowingly and or inadvertently placed a dismissed Count 30/Act-B cocaine conspiracy back on the VERDICT FORM (Document: 1079) which the jury marked PROVEN, even-though it was previously dismissed DURING Marino ‘s live jury trial by both the Government (Document: 581) and Court Document Date: Oct. 22, 1998). See USA v. Marino, 97-cr-40009-NMG. (District of Massachusetts). With the correction of the record (December 22, 1999 VERDICT FORM Document: 1079) would preclude Count: 30/Act-B cocaine conspiracy from Count One: RICO and Count Two: RICO conspiracy would essentially invalidate both Count One: RICO and Count Two: RICO conspiracy convictions and sentences of 20 years on Count One and 10 Years on Count Two.

The Jury MARKED PROVEN on ONLY one other predicate racketeering act A-1 Conspiracy to murder in both Counts One: RICO and Count Two: RICO conspiracy. Not enough to convict Marino of Count One: RICO and Count Two: RICO conspiracy, as the government needs TWO OR MORE PREDICATE RACKETEERING ACTS TO CONVICT In Count One: RICO and Count Two: RICO conspiracy. See Statutory Law 18 U.S.C. Section 1961(5) in support.

Memorandum of Law In Support

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According to Marino‘s very same case in which the Chief Judge Sandra Lynch out of the United States Court of Appeals For The First Circuit held in United States v. Marino, 277 F.3d 11 (1st Cir.2002); 2002 U.S. App. LEXIS 572; 57 Fed.R.Evid. Serv (Callaghan) 1511, [No. 00-1739 and 00-1813] Decided Jan. 14, 2002:

The Substantive RICO and RICO conspiracy Counts require the defendant to be found guilty OF AT LEAST TWO OR MORE PREDICATE RACKETEERING ACTS TO CONVICT. See 18 U.S.C. Section 1961(5) (277 F.3d 19). The jury found Marino and Patti had committed the predicate acts of conspiracy to (under State Law) to murder 13 individuals, and a conspiracy (violations under Federal Law) to sell illegal drugs in violations of 21 U.S.C. Section 846.

Also see United States v. Hoyle, 122 F.3d 48, 326 U.S. App. LEXIS 23888 No. 95-3157 Decided: Sept. 12, 1997 (Same); USA v. Phillips, 664 F.2d 971, 1011 (5th Cir.1981) (Same); USA v. Gotti, 451 F.3d 133, 136 (2nd Cir.2006) (Same); Werth v. USA, 4th Cir. 2012, 493 Fed. Appx 361; 2012 U.S. App. LEXIS 16190 Aug. 2, 2012. (Same); USA v. Mouzone, 4th Cir., 687 F.3d 207, 2012 U.S. App. LEXIS 15440, Decided: July 26, 2012. (Same).

The elements of a substantive RICO offense under 18 U.S.C. Section 1962(c) are (1) the conduct (2) of an enterprise (3) through a pattern of racketeering activity requires two or more predicate acts.

 

FOR THE RECORD IRREFUTABLE FACTS

The following information is for the Public World Wide to understand HOW THE UNITED STATES GOVERNMENT OPERATES and for it’s transparent corresponding accountability:

Assistant United States Attorney’s: Jefferey Auerhahn

The Federal Prosecutor whom prosecuted Jefferey Auerhahn was caught red handed in corruption, file false reports, intentionally withholding crucial evidence, criminal statutory violations and obstruction of justice, testifying falsely, committing perjury in the Vincent M. Marino case. See United States v. Marino, 97-CR-40009-NMG. (District of Massachusetts/Boston/Worcester), but the discovery of supra has been covered up since 1989, over 26 years by the United States Department of Justice and FBI.

Marino presents the following Public Recorded Documents which independently corroborated supra:

According to United States v. Ferrara, 384 F.3d 384 (D.Mass/Boston 2006) and United States v. Ferrara, 456 F.3d ___(1st Cir.2006) Assistant United States Attorney:Jefferey Auerhahn whom prosecuted Marino, was once again caught in corruption but this time both Defendants:Ferrara and Barone were released from custody from it’s public recorded transparency see supra.

Assistant United States Attorney Cynthia Ann Young, recently promoted from unlawfully convicting Marino, to Chief of the New England Criminal Division and heads some 97 plus Assistant United States Attorney’s in New England, and is secretly a very powerful witch, using the craft unlawfully to convict and hide documents which supports Marino‘s innocence of the June 16th, 1989 Salemme attempted murder and 25 plus year enhancements.

Judge:Nathaniel M. Gorton, is a 33 degree high ranking Mason, and also a billionaire and sentenced  Marino to an extra 25 year to serve in Prison for the June 16th, 1989 Salemme attempted murder, even though Marino was FOUND BY A JURY NOT PROVEN of the Salemme attempted murder in Count One: RICO and Count Two: RICO conspiracy predicate racketeering Act A2, on December 22, 1999, see Document: 1079, 1078, in support via: USA v. Marino, 97-cr-40009-NMG. (D.Mass).Also see Document: 707, Marino,was also found NOT GUILTY of use and or carrying Machine Guns, Silencers, Destructive Devices, Explosives, in Counts Four and Thirty One.

The government’s representatives: AUSA’s: Auerhahn and Young INTENTIONALLY failed to hand over all governmental misconduct and criminal violations as well as exculpatory and impeachment material Brady, Giles, and Giglio evidence to the 1997 investigating federal grand jury and 1998 and 1999 Jury trial Jurors and to Marino.EXAMPLE, according to USA v. Salemme, 91 F.Supp.2d page 263, Angelo “Sonny” Mercurio with the assistance of James “Whitey” Bulger and Stephen “The Rifleman” Flemmi called Salemme to a location outside of Boston to be assassinated while all three MercurioBulger and Flemmi worked as TOP ECHELON FBI/Department of Justice informants.

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Moreover, FBI agents Connolly (now serving 40 year sentence for murder and already served 10 years for being part of the Salemme, Bulger and Flemmi criminal organization) and agent: Buckley received cash payoffs from Marino‘s enemies: SalemmeBulger and Flemmi, in the 1980s through the 1990s to protect their criminal organization from its enemies (Marino, et al.,) and law enforcement investigations.See United States v. Connolly (FBI agent), 341 F.3d 16-29 (1st CIr.2003); also see State of Florida v. John J. Connolly Jr., (FBI agent), #_____(Miami, Florida) Sept. 22, 2008 government’s star witness: Flemmi‘s testimony that he and Bulger made cash payoffs to FBI agents: Buckley and Connolly and others to protect their criminal organizations from its enemies (Marino, et al.,) and law enforcement investigations.Also according to USA v. Salemme, 91 F.Supp.2d 311 (D.Mass.1999) FBI agent Connolly and (Buckley and Todd Richards), instigated and fomented violence the June 16th, 1989 Salemme attempted murder and 1989 Grasso murder.

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Also FBI agents: Todd Richards and Michael J. Buckley, handled another TOP ECHELON NOW publicly known informant: Mark Rossetti, for over 20 years, and according to the Massachusetts State Police Organized Crime Strike Force said Rossetti is suspected in killing over 20 people while the FBI protected him.Agent: Buckley was paid off by Marino‘s enemies according to the public records supra,Marino v. Department of Justice , et al., civil action #12-cv-865-RMC. (District of Columbia) PENDING, the Defendants: Executive Office of the United States Attorney’s (EOUSA’S) Search for documents from 35 boxes with 4,000 pages in each and 73,000 electronic files, as Marino, paid the documents search and copying fees of $8,960.00 to the Executive Office of the United States Attorneys in November 2014.The defendants: EOUSA’s has been conducting a diligent search since: December 8th, 2014, going on three months.

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The search should find that two: Assistant United States Attorneys: Jeffrey Auerhahn (barred from trying any more Organized Crime cases since the discovery of his corruption in the Ferrara and Barone cases, see USA v. Ferrara, 384 F.Supp.2d 384 (D.Mass.2005) also see USA v. Ferrara, 456 F.3d 278 (1st CIr.2006), which the appeals court affirmed Chief Judge: Mark L. Wolf‘s decision that AUSA: Auerhahn, “INTENTIONALLY WITHHELD Core Exculpatory Material Brady, Giles, and Giglio evidence from Ferrara and Barone since 1989, obstructed the administration of justice, filed false reports, committed perjury while testifying under oath in front of Chief Judge: Wolf, then systematically coverered it up to give a life sentence to Barone and 22 years to Ferrara, which 16 years later resulted in both Ferrara and Barone’s release from unlawful convictions.)Also AUSA: Cynthia Ann Young, intentionally failed to hand over to Marino, core exculpatory material Brady, Giles, and Giglio evidence, such as FBI/ Department of Justice‘s TOP ECHELON Informants (Publicly known): James “Whitey” Bulger, Angelo “Sonny” Mercurio, Stephen “The Rifleman” Flemmi instigated and fomented violence specifically the June 16th, 1989 Salemme attempted murder and the June 16th, 1989 Grasso murder.See United States v. Salemme, 91 F.Supp.2d page 263 (D.Mass.1999) in support.

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Also FBI agents: Todd Richards, (under investigation for murder) John J. Connolly Jr., (served a 10 year federal sentence for being part of the Winter Hill Irish Mob and leaking secret vital information to Bulger and Flemmi and receiving cash payoffs) and also was convicted of murder and sentenced to serve 40 years in State of Florida prison) Michael J. Buckley, (forced to retire with a pention, suspected in numerous murders), Robert Callen (fired for chocking out a women federal prosecutor), John Newton, (fired for taking cash payoffs from Bulger and Flemmi), John Morris (admitting to taking cash payoffs received immunity from prosecution to become a expert witness for the government) James Ring, (also under investigation for taking cash payoffs and leaking secret information to Bulger and Flemmi, instigated and fomented violence,conspired with agent:Connolly by telling Ferrara‘s lawyer: Anthony Cardinale, that Salemme was actively trying to kill Ferrara.See United States v. Salemme, 91 F.Supp.2d page 311 (D.Mass.1999), in support.

Also see United States v. Connolly (FBI agent), 341 F.3d 16-29 (1st Cir.2003), the Three Judge Panel found that FBI agent: Connolly, protected BulgerFlemmi and Salemme from their enemies (Marino and Ponzo, et al., and from prosecution, and received cash payoffs from Bulger, Flemmi and Salemme in the 1980s through the 1990s.State of Florida v. Connolly, (FBI agent), #______(Miami, Florida) Sept. 22, 2008’s Flemmi’s testimony that he and Bulger made cash patyoffs to FBI agents: Buckley, Connolly and others to protect their criminal organization from its enemies (Marino, et al) and law enforcement investigations.

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The documents will also show that the government’s ONLY IDENTIFICATION WITNESS: against Marino, John “Smiley” Mele, was himself actively trying to kill Salemme with another TOP ECHELON FBI informant: Laface, for ripping off Mele and Laface’s drug shipments worth of $80,000 and attempted to extort them.The document supports Marino‘s innocence of the Salemme attempted murder which Marino received an extra 25 year for even though the JURY DID NOT CONVICT MARINO OF IT.

Still pending in Four States on Four lawsuits/motions

Still pending in Four States on Four lawsuits/motions:

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Marino‬ v. ‪‎DepartmentofJustice, et al., #12-cv-865-RMC. (District of Columbia) the defendants there have been searching for documents since December 8th, 2014, over two months which  Vincent M. Marino is paying there salary of $28.00 per hour to do so.

The documents will show the United States Government’s egregious intentional misconduct since 1989 over 26 year ago and  Vincent M. Marino‘s actual innocence of the June 16th, 1989 Francis P. Salemme attempted murder and the 25 year enhancements for it even though the jury found Marino NOT PROVEN BEYOND A REASONABLE DOUBT of it.

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Also the documents will show the only identification witness to the Salemme attempted assassination John “Smiley” Mele was actually with Augustus “Gus” Laface conspiring to kill Salemme Sr and Salemme Jr., before, during and after the Salemme attempt on his life, which two unidentified informants (believed to be Stephen Tramarchi and Mark Eldridge, both now deceased while in the Witness Protection Program) secretly wired up against Mele and Laface and audio and possibly video recorded them (Mele and Laface) conspiring to kill Salemme before, during and after the attempted murder of Salemme.Four FBI audio tapes were generated and were INTENTIONALLY NOT handed over to the investigating Federal Grand Jury which was investigating the Salemme attempted murder, NOT handed over to Marino, NOT handed over to Marino‘s 1998 and 1999 Jury Trial Jurors, NOT handed over to Judge:Nathaniel M. Gorton, before, during and after Marino‘s two jury trials and post-conviction appeals motions etc.

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Moreover, the government INTENTIONALLY failed to hand over the facts that SEVEN TOP ECHELON FBI INFORMANTS:James “Whitey” Bulger , Stephen “The Rifleman” Flemmi , Angelo “Sonny” Mercurio , Frank Imbruglia, Mark Rossetti, CONO FRIZZI Sr., Augustus “Gus” Laface, along with corrupted FBI agents: JOHN J. CONNOLLY Jr., TODD RICHARDS, MICHAEL J. BUCKLEY, ROBERT CALLEN, JOHN “Agent Orange” NEWTON, GIANTURCO, instigated and fomented violence, the June 16, 1989 Francis P. Salemme attempted murder and the June 16th, 1989 William “The Wild Guy” Grasso murder.

See United States v. Salemme, 91 F.Supp.2d 311 (D.Mass.1999); United States v. Connolly, 341 F.3d 19-29 (1st Cir.2003);

Marino‬ v. ‪‎DepartmentofJustice, et al., civil action #12-cv-865-RMC. (District of Columbia) PENDING, in support herein.

Also see Congress’s investigation titled: “EVERYTHING SECRET DEGENERATES THE FBI‘S DEPARTMENT OF JUSTICE‘S USE OF MURDER’S AS TOP ECHELON INFORMANTS”

Citing: James “Whitey” BulgerStephen “The Rifleman” FlemmiAngelo “Sonny” Mercurio ,Frank Imbruglia, Joseph Baron “The Animal” Barboza, all directly involved with Marino‘s case with the exception of Barboza who was killed in 1976 while on the Federal Witness Protection Program.

Conflict of Interest

 vincent-marinoVincent M. Marino E-mail:Do me a favor and call the Judge’s/Court appointed lawyer for the Retroactive Tow Offense Level Reduction: James Budreau, At: ***-***-****, he just e-mailed me (Marino) at the last minute 3 days before which he is suppose to file a Court Response on my behalf concerning the above U.S. Sentencing Commissions New Retroactive Amendment 782, Two Level Reduction which if granted I would be released on November 1st, 2015, within 8 months.

In any event he e-mailed me close to the deadline date of the 16th, of Feb. 2015, and NOW he states that I’m not qualified and inaccurately stated I was facing a life sentence when in reality the RICO Statutory Maximum is 20 years and Probation Department was corrected by both the Judge and Two Assistant United States Attorney’s: Jeffrey Auerhahn and Cynthia Ann Young that U.S. Probations’s PSI/PSR (Presentencing Reports) are false and that Marino was NOT facing a guideline sentence of life but a maximum of 20 years on RICO Statute. And a Maximum 10 years on the conspiracy to murder charge.

What I want you to do is call him as he will NOT accept any of my calls although I e-mailed him what I’m about to tell you and ask that you verbally, telephonically state the following:

[1] I’m Vincent Michael Marino‘s biological son my name is Edward Vincent Marino, and my Dad, ask me to relay the following message that he specifically stated to you on his TODAY’s Feb. 12th, 2015, E-mail to you he stated as follows:

[2] I ORDER that you RECUES yourself from representing me (Vincent Michael Marino 14431-038 FCI McDowell P.O. Box 1009 Welch, West Virginia 24801 via: USA v. Marino, 97-cr-40009-NMG. (District of Massachusetts/Boston) from representing me (Marino) concerning the U.S. Sentencing Commissions New Retroactive Two Offense Level Reduction which the United States District Court Judge: Nathaniel M. Gorton , hired you to represent Marino.

VALID INDEPENDENTLY CORROBORATED WITH THE PUBLIC RECORD REASONS
WHY ATTORNEY: JAMES BUDREAU , SHOULD RECUES HIMSELF FROM REPRESENTING VINCENT MICHAEL MARINO CONCERNING 782 AMENDMENT MOTION
BECAUSE OF PROVEN CONFLICT OF INTEREST

James Budreaua. BECAUSE You JAMES BUDREAU and Your Law Office Basil and Budreau represented Defendant: John Bacigalupo on Appeal and at trial, whom was charged with killing Marino‘s friend and shooting Marino on November 24, 1996;

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b. BECAUSE, You JAMES BUDREAU , and your Office and Law Firm Partner: Ms. Janis Basil, represented Marino‘s enemy James “Whitey” Bulger, whom according to court records payed off FBI agents: Michael Buckley  (Flemmi‘s Sept. 22, 2008’s Florida State Trial Testimony) and FBI Agent:John Connolly (USA v. Connolly, 341 F.3d 16-29 (1st Cir.2003) to protect them (Bulger,Flemmi  and Salemme whom Marino was charged with shooting predicate racketeering Act-B (#97-cr-40009-NMG. (D.Mass) and from Law Enforcement investigations etc. See Marino v. Department of Justice , et al., #12-cv-865-RMC. (District of Columbia) PENDING;

c.BECAUSE, You JAMES BUDREAU, is a government friendly lawyer, and is clearly and concededly ineffective assistance of counsel and a core CONFLICT OF INTEREST concerning the Marino case and intentionally tried to create inaccurate records to prevent Marino from the exercise of the 6th Amendment’s Right to effective assistance of counsel and Due Process under the 5th Amendment.

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NSA Glomar response

Bio Chip pdf

C.I.A Glomar response

Marino v. C.I.A

Project Marino Nsa/Cia’s super secret project

The New York Times Archives

Laborlawtalk.com 

According to a leak from Russia in Moscow, NSA contractor Edward Snowden’s soon to be releasing documents that may show that the NSA and CIA conducted covert human experiments on natural born United States Citizens from at least 1996 starting in Boston, at the Massachusetts General Hospital.

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This super secret Project concerns specifically the surreptitious implantation of super advanced microchip and Biochips electronic devices implanted in the “under General Anesthesia” target.This device is powered by the movement of body muscle/piezoelectric technology and can be used for both the good and bad purposes concerning human application.

The Echelon: US global spy system

The (GPS) Global Positioning Satellite Tracking and Listening devices technologies are part of the United States’s NSA’s ECHELON Satellite Communications Intelligence Project. It appears that the documents in possession of defected: Edward Snowden resemble a historic and current lawsuit concerning Vincent M. Marino, which when publicized may shock the international community world-wide.

It appears to resemble documents Marino seeks in his civil actions both historic and current. See:

Marino v. Massachusetts General Hospital, et al., civil action #99-5655-H. (Suffolk Superior Court Boston, Massachusetts);

Marino v. Gammel, 191 F.Supp.2d 243 (D.Mass.2002); 

Marino v. CIA, et al., civil action #11-cv-813-RMC. (Washington, D.C.2011) (District of Columbia), on appeal at:

Marino v. CIA, et al., United States Court of Appeals for the District of Columbia Circuit #12-5325 (D.C.Cir.2012) PENDING Marino’s Petition for Rehearing and or Suggesting for Rehearing En Banc.

  • The question is whether startling New Technological Advancements be Welcomed of Feared?
  • Is the NSA and CIA acting like NAZI GERMANY’S Nuremberg Project when Adolph Hitler’s SS experimented unlawfully on humans namely Jewish people. Will the culpable individuals be held accountable. Or will the United States Government continue to cover up the scandal?

In Marino, the NSA, CIA, and  NGA, filed fraudulent Declarations to cover up this egregious governmental misconduct, by stating in one breath that Marino’s lawsuit is frivolous, and in the same breath stating that the documents Marino seeks are in-fact CLASSIFIED UNDER EXECUTIVE ORDER AS “TOP SECRET” and if the documents are handed over to Marino and the PUBLIC there will be an exceptional grave damage to the National Security of the United States?

  •  Ask yourself, does that make sense? Could there be two answers for Marino’s request for SPECIFIC DOCUMENTS and two answers for it completely the opposite of its meaning and be made to act like its a logical answer?

How can the NSA, CIA and NGA state in one breath that Marino’s lawsuit is frivolous and in the same breath state if the specific documents Marino are in-fact CLASSIFIED UNDER EXECUTIVE ORDER AS “TOP SECRET.”That does not make sense and  is not logical. The NSA and CIA, et al., should chose one or the other for failing to hand over Marino’s specifically requested documents.Surely the Media Manipulation of trying to characterize Marino as in-sane using improper propaganda has not fully worked.Marino’s repeated MRI request were blocked by the United States Assistant U.S. Attorneys: Anita Johnson, George W. Vien, Carole S. Schwartz,Jefferey Auerhahn , Cynthia Ann Young, Rhonda Lisa Campbell et al., in in Johnson’s response she told United States District Court Senior Judge: Robert Keeton, in Boston, that Marino’s MRI request should be denied, and if Marino receives the MRI then the results would be too harsh for the United States Government.See Marino v. Gammel, (FBI agent), 191 F.Supp.2d 243-257 (D.Mass.2002).

Intelligence Documents:

Edward SnowdenIt appears that what-ever the NSA contractor: Edward Snowden, told and or showed ( Intelligence Documents) The Russians in Moscow, concerning the NSA and CIA’s covert Human Experiments on natural born United States Citizens, more specifically, the surreptitious implantation of super sophisticated electronic tracking and listening, Brain mapping etc… devices which is connected to the ECHELON’S Surveillance Communications and Intelligence Satellite Super Sophisticated Billion Dollar Project in the targeted subjects brain and body while the target is placed under general anesthesia for any type of medical problem as a ruse.

Apparently Snowden’s over 2 million documents also showing paranormal, esoteric phenomena events got the Russians attention.Apparently the Russians are extremely interested in the NSA/CIA’s super sophisticated Satellite Communications Intelligence Surveillance ECHELON technologies/Paranormal esoteric phenomena via: covertly implanted super advanced electronic devices that the NSA/CIA implanted in Marino’s body while Marino was placed under “GENERAL ANESTHESIA” for a gunshot wound and bullet removal at the Massachusetts General Hospital, Boston, Massachusetts which routinely conduct CIA and NSA human experiments on natural born United States Citizens without the subjects prior valid consent and without a valid court warrant as seen in Marino.The United States Government is currently covering up their egregious now transparent misconduct, just like Adolf Hitler did when he controlled NAZI Germany in the Nuremberg experiments.Soon to be released World-Wide NSA/CIA Documents by Edward Snowden, NSA’S Contractor.

  •   Marino v. CIA, et al., United States Court of Appeals For The District of Columbia Circuit #12-5325 (D.C.Cir.2012) PENDING Petition For Rehearing and or Suggestion For Rehearing En Banc.

It appears that the issues presented In Marino supra serves as a “Significant International Public Interest” as seen in Russia with the NSA’s Contractor: Edward Snowden’s over 2 million documents which may also shed light on the NSA/CIA’s February 2004, astounding discovery of super advanced technological developments which shows paranormal, esoteric phenomena events.

YOU BE THE JUDGE?

Whitey Bulger: Convicted Boston mobster transferred to Okla. prison

Hollywood goodfella

Bulger Boss

Former Boston crime boss James “Whitey” Bulger has been moved to a federal prison in Oklahoma, although it was not immediately clear if he is there to stay.

The 84-year-old Bulger was being held Tuesday at FTC Oklahoma City, according to the federal Bureau of Prisons website. The facility is a transfer point for many federal prisoners.

Prosecutors in Tulsa, Okla., have been deciding whether to move forward with a murder case against Bulger in the 1981 killing of businessman Roger Wheeler. Bulger was convicted by a federal jury in Boston earlier

read rest of Associated Press story NBC news 

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PROJECT MARINO “NSA/CIA’S Super Secret Project”

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Deputy Director of the NSA and CIA Officials deemed PROJECT MARINO Freedom of Information Act/Privacy Act Requests for documents as Classified under Executive Order as TOP SECRET.And- it the specific documents the  covert surgical implantation of numerous electronic Global Positioning Satellite Tracking and Communications devices in Marino’s body while Marino was placed under GENERAL ANESTHESIA. This was done WITHOUT MARINO’s valid consent and WITHOUT A VALID COURT WARRANT.

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  • See Marino v. Massachusetts General Hospital, et al., civil action #99-5655-H (Suffolk County Suffolk Superior Court Boston
  •  Marino v. Gammel, 191 F.Supp.2d 243 (D.Mass.2002);
  • Marino v. CIA, et al., civil action #11-cv-813-RMC. (District of Columbia) on appeal at: Marino v. CIA, et al., United States Court of Appeals for the District of Columbia Circuit #12-5325 (D.C.Cir.20012) PENDING Petition for Rehearing and or Suggesting for Rehearing En Banc.

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Vincent M. Marino specifically seeks the documents that supports what the FBI agent: John Gamel, DEA Agents: Damian Farley, Anthony Roberto, Norman Peterson, Vincent Kelly, Joseph Desmond, Michael Cunniff, James Soiles, and Massachusetts State Police Commander: Thomas Quigley told Marino on December 15, 1996, while at the Logan International Airport in Boston, that the NSA/CIA, covertly implanted Marino with numerous tracking and listening devices in his body and brain while Marino was being treated for a previous gunshot wound to his left upper buttocks area of his body while under extensive FBI, DEA, ATF, MSP, CIA, NSA ROVING SURVEILLANCE court order on November 24, 1996.

  • See Marino v. CIA, et al., United States Court of Appeals For The District of Columbia Circuit #12-5325 (D.C.Cir.2012) PENDING: Petition For Rehearing and or Suggestion For Rehearing En Banc.
  • Let us remind you Vincent Marino is an American born Citizen, Born on May 11,1961 in Boston Massachusetts entitling Mr.Marino citizenship so by chipping his civil rights were violated on public record. as American citizens this should fear us all, we are nothing more then expandable numbers to the ones who control the system”.

More details see supra, for more specific information concerning egregious gross governmental misconduct concerning specifically the covert human experiments conducted on live unwitting NATURAL BORN United States Citizens, without their valid consent and without a valid court warrant.

THOSE TARGETED For The Government’s Super TOP SECRET HUMAN EXPERIMENTS ARE: Federal snd State Prisoners, Nursing Home Elderly, Mentally retarded, Orphans, Military Personel, and unwitting Federal Employees.

  • See PROJECT MARINO Massachusetts General Hospital page,The NSA/CIA’s TOP SECRET PROJECT, according to the NSA and CIA’S Declarations submitted in Marino v. CIA, et al., civil action #11-cv-813-RMC. (District of Columbia) on Appeals USCA’s #12-5325 (D.C.Cir.2012) Pending petition For Rehearing and or Suggesting for Rehearing En Banc.

So the The World Would Know What The United States Government is Up To, and to have Transparent Corresponding Accountability. It appears that the United States Government’s NSA and CIA are emulating NAZI GERMANY’S NUREMBURG Human Experiments conducted on Jewish and other human beings by PROJECT PAPERCLIP SCIENTISTS that were allowed entry and immunity in the United States and received rewards for their deeds in NAZI GERMANY by placement in key positions within the United States Government such as heads of the CIA, NSA, NASA, U.S. Air Force, as the Public Records so supports.

menwith2ProjectECHELONAlso see NSA’s super secret PROJECT ECHELON, Satellite Communications Intelligence Surveillance Technologies being currently used on Natural Born United States Citizens and world wide political leaders.

Withheld Evidence 200,000 pages Marino v. Department of Justice

1242

See Marino v. Department of Justice, et al., civil action #12-cv-865-RMC. (District of Columbia)

Marino v. Department of Justice (DOC)

Newly Discovered Evidence  

Justia.com

Office of Government Information Services

FOIA search

FOIA/PA response

Concealed documents

Discovery

Discovery Requests

12-8-2013 3-16 PM (1)Specific Documents which may lead to Marino’s actual, factual and legal innocence of the June 16th, 1989, Salemme attempted murder, depicted as predicate racketeering act A-2 in Count One RICO and Count Two RICO conspiracy against Marino.

salemme11.  The June 16th, 1989 Francis “Cadillac Frank” Salemme attempted murder;

2. Government misconduct, in Marino’s case;

3. Inaccurate VERDICT SHEET of December 22, 1999;

jc4.  FBI agents: John Connolly Jr and Michael J Buckley cash payoffs from James “Whitey” Bulger and Stephen “The Rifleman” Flemmi, in the 1980s through the 1990s;

5. Concealed John “Smiley” Mele and Augustus “Gus” LaFace June and July 1989 Four audio tapes which (NOW PUBLICLY KNOWN Witnesses: John “Smiley” Mele and Laface are conspiring to kill Francis “Cadillac Frank” Salemme in June and July 1989;

6. The John “Smiley” Mele/Attorney Costello audio tapes in 1988 or 1989, which supports Mele feared Francis “Cadillac Frank” Salemme and Salemme Jr., and was in fear of his life, before Salemme was shot;

7. Witness Perjury of John “Smiley” Mele, et al.,

8. Government’s violating Brady, Giles and Giglio evidence;

DOCUMENT 24 Filed 11-12-2013 Pages 1-18 in support. Also see Court order dated November 22, 2013. Granting in part denying in part governments/defendants motion to extend time for 60 days to file a proposed scheduling order in search for documents responsive to Marino’s FOIA/PA requests.

  •   On November 12, 2013, Court ORDERS Documents: 22, 24, 25, 26 via: Marino v. Department of Justice, et al., civil action #12-cv-865-RMC. (District of Columbia) the Court ORDERED the government to Search for documents that may lead to Marino’s actual, factual and legal innocence:
  • Government/Defendants must file a proposed scheduling ORDER no later than December 6, 2013.

rosemary-collyer Judge Rosemary Collyer (Official photo)

Signed by Judge: Rosemary M. Collyer, U.S. District Judge District of Columbia).

According to document 24, filed 11-12-2013 page 12 states in relevant part that:

Motion to Dismiss

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is “plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).

When a Plaintiff (Marino) pleads factual content that allows the Court to draw the reasonable inference that the defendant/United States Department of Justice is liable for the misconduct alleged, then the claim has facial plausibility. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A Court must treat (Marino’s) complaint’s factual allegations as true, ‘even if doubtful in fact.” Twombly, 550 U.S. at 555.

Even though pro se complaints are construed liberally, see Haines v. Kerner, 404 U.S. 519, 520 (1972); United States v. Byfield, 391 F.3d 277, 281 (D.C.Cir.2004), the complaint must still be sufficient to “give the defendant/United States Department of Justice fair notice of what the claim is and the grounds upon which it rests.” Twombly, 550 U.S. at 555. (internal quotations and citations omitted).

Plaintiff (Marino) need not plead detailed factual allegations. But his grounds for relief must be more than “labels and conclusions, and a formulaic recitation of the elements of cause of action,” and the facts alleged “must be enough to raise  a right to relief above the speculative level.” Id.  (As Marino,has clearly and concededly met).

Government’s/Defendants/Department of Justice‘s motion for summary judgment did NOT meet the required and proper criteria’s to dismiss Marino’s civil action against the defendants/United States Department of Justice and its components.

Summary judgment is properly granted against a party who “after adequate time for discovery and upon motion…fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).

In ruling on a motion for summary judgment, a court must draw all justifiable inferences in the nonmoving party’s (Marino’s) favor and accept the nonmoving party’s evidence as true. Anderson, 477 U.S. at 255.

A nonmoving party (Marino), however, must (and has) established more that “[t]he mere existence of a scintilla of evidence” in support of its position. Id. at 252.

Marino has clearly and concededly shown controverted facts by showing contrary evidence in the record and evidence of bad faith by the defendants/United States Department of Justice. See Military Audit project, 656 F.2d at 738; see also Vaughn v. Rosen, 484 F.2d 820, 826-28 (D.C.Cir.1973) (requiring agencies to prepare an itemized index correlating each withheld document, or portion thereof, with a specific FOIA exemption and the relevant part of the agency’s nondisclosure justification).

An agency must demonstrate that “each document that falls within the class requested either has been produced, is unidentifiable, or is wholly [or partially] exempt” from FOIA’s requirements. Goland v. CIA, 607 F.2d 339, 352 (D.C.Cir.1978) (internal quotation marks and citations omitted).

  • Marino v. United States Attorneys Office District of Massachusetts, et al., civil action #12-cv-872-RMC.

Have just been consolidated and you can find both under Marino v. Department of Justice , et al., #12-cv-865-RMC. (District of Columbia),
at Marino’s request to save both the government and judicial precious and scarce resources.

See DOCUMENT date: November 22, 2013 COURT ORDER

DOCKET TEXT:

MINUTE ORDER granting in part and denying in part Defendants (United States Department of Justice‘s) DOCUMENT 27 Motion for Extension of Time to File Proposed Briefing Schedule.

Defendants (Department of Justice‘s) request an additional sixty days to submit a briefing schedule in a FOIA case on REMAND.

Since only a schedule is required, the request is excessive. Defendants ( Department of Justice) instead shall file their proposed briefing schedule no later than DECEMBER 6, 2013.

Signed by Judge: Rosemary M. Collyer on November 22, 2013.

12-cv-865-RMC. Notice has been electronically mailed to: Rhonda Lisa Campbell rhonda.compbell@usdoj.gov

12-cv-865-RMC. Notice will be delivered by other means to:

Vincent Michael Marino
14431-038
FCI McDowell
Federal Correctional Institution
P.O. Box 1009
Welch, West Virginia
24801

See previous COURT ORDERS and Memorandum and Opinions at DOCUMENTS: 22, 23, 24, 25, 26.

  • See in support PUBLIC DOCUMENTS in: Salemme, 91 F.Supp.2d page 263 (D.Mass.1999); Marino v. Dep’t of Justice, et al., civil action #12-cv-865-RMC. (District of Columbia); Marino v. United States Attorneys Office District of Massachusetts, et al., civil action #12-872-RMC. (District of Columbia) PENDING.

The documents Marino also seeks will show egregious governmental misconduct, Intentional Due Process Violations by Assistant United States Attorneys: Jefferey Auerhahn (Found to have committed perjury, obstruction of justice, witness tampering filing false reports, knowingly, willfully and intentionally withholding core exculpatory and impeachment Brady, Giles and Giglio evidence from Vincent Ferrara.

  • See U.S. v. Ferrara, 384 F.Supp.2d 384 (D.Mass.2005); Ferrara, 456 F.3d ___(1st Cir.2006), the District Court and the United States Court of Appeals for the First Circuit has found that AUSA: Jefferey Auerhahn intentionally withheld core exculpatory material evidence from Ferrara and Barone etc.
  • See specifically the June 16th, 1989 Salemme Attempted Murder described as predicate racketeering act A-2 charged against Vincent M. Marino and Enrico “RICO” Ponzo , which Marino was found beyond a reasonable doubt NOT PROVEN in Counts One RICO and Count Two RICO conspiracy on December 22, 1999.
  • See United States v. Marino, CR-97-40009-NMG. (District of Massachusetts).

AUSA’s: Jefferey Auerhahn and Cynthia Ann Young (Deputy Chief of the New England Organized Crime Strike Force and NOW the Chief of the New England Criminal Division.Cynthia Ann Young whom head 97 Assistant United States Attorneys in New England also withheld exculpatory material Brady, Giles and Giglio evidence from Marino , contained in over 200,000 to 1 million pages held in 72,000 electronic files and 35 boxes containing over 4,000 pages each.

The documents contain evidence concealed and UNDER SEAL that independently corroborates that Marino is actually, factually and legally innocent of the June 16th, 1989 Salemme attempted murder, and event though Marino was FOUND NOT PROVEN BEYOND A REASONABLE DOUBT of the June 16th, 1989 Salemme attempted murder depicted as predicate racketeering Act A-2 in Count One RICO and Count Two RICO conspiracy, the Court: Judge: Nathaniel M. Gorton, with urging of the government representatives: AUSA: Auerhahn and Young substantially enhanced Marino sentence an extra 25 years by the preponderance of the evidence.

  •        See Marino v. Department of Justice, et al., civil action #12-cv-865-RMC. (District of Columbia) PENDING, for more detailed information, supporting supra.

Denial of Defendants/ Department of Justice‘s Motion as to the Privacy Act Claims

Defendants/United States Department of Justice‘s briefing also fails to address Mr. Marino’s Privacy Act claims. This error appears to have resulted from Defendants/ Department of Justice conflating Mr. Marino’s Privacy Act claims with his FOIA claims.

Such briefing, nonetheless, is insufficient. Accordingly, the Court DENIES without prejudice Defendants/Department of Justice‘s Motion insofar as it seeks dismissal or summary judgment on Mr. Marino’s Privacy Act claims.

C. Denial of Defendants/ Department of Justice‘s Motion as to the FOIA Claims

As for Mr. Marino’s FOIA claims, the Court also will DENY Defendants/ Department of Justice‘s Motion albeit for differing reasons. The affidavits submitted with Defendant’s/Department of Justice‘s motion DO NOT STATE that the Department of Justice components to whom the FOIA requests were directed conducted adequate and reasonable searches calculated to discover the records Mr. Marino’s requested. SafeCard, 926 F.2d at 1201; Meeropol, 790 F.2d at 950-51.

1. OIP (Office of Information Policy), OGA (Office of the Attorney General), OEO (Office of Enforcement Operations) and USAO-DC (Office of the United States Attorneys Office District of Columbia

As far as the record shows, OIP, OGA, and OEO FAILED to conduct ANY search in response to Mr. Marino’s requests.

Defendants/Department of Justice contend that OIP “was not a direct recipient” of a FOIA request and therefore should be dismissed pursuant to FRCP 12(b)(6). Mot. to Dismiss or Summ.J. at 1 n.4

Similarly, Defendants/ Department of Justice argue that OAG never received a FOIA request from Mr. Marino, and therefore no search was necessary as Mr. Marino failed to exhaust his administrative remedies. Id. at 12-13.

Defendant’s/ Department of Justice briefing omits any argument concerning OEO’s obligations. See Ex. F at 10.

Defendants’ exhibits, however, directly contradict these arguments. Attached to the Brandon Declaration are numerous FOIA requests from Mr. Marino to these components of the United States Department of Justice. See Exs. D, E, G, H, I, and J.

Defendants do not contend that Mr. Marino mailed his letters only to some of the recipients listed in his letters, nor do they claim that the letters were somehow insufficient for purposes of triggering a response from the recipient agencies.

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