ConfirmThem

This is another sign of poor strategy at the White House. When they should be out there screaming bloody murder this week for the confirmation of Keisler, Livingston, Murphy and Kethledge, they are instead busy nominating some obscure district court nominees who can't be acted upon for at least four months. So glad they have their priorities straight!

It means they can have their FBI checks done so they are ready to go in January.

It's not very strategic, but its not a terrible thing.

Sorry if my anger is showing. I'm just a little teed-off about the seemingly careless attitude concerning COA nominations that the White House has been exhibiting since Alito was confirmed. I really think that there is a huge disconnect between the White House nomination process and a realistic assessment of what needs to be done with these nominees politically.

It's just unacceptable.

However, as has often been noted, we still have to get them re-elected since the judge choices will simply get worse if we don't.

Still in session as of 11:30 ET. I'm watching online C-SPAN to see if they wrap up with some midnight confirmations. They have two Circuit Court judges and thirteen district court judges on the calendar. Let's see.

Now 12:15 AM ET. Still in quorum call. Been in quorum call for almost an hour now. The Senate at work, ladies and gentleman. Really, nobody should have to make a living of watching Congress. Really doesn't say much for those of us doing it as a hobby either.

Still waiting. This is getting difficult.

A bunch of nominees were just confirmed by unanimous consent, but I have no idea who they were. I'm pretty sure at least one was a U.S. Attorney and Kent Jordan may have been among them as well. Frist named a bunch of numbers.

Frist got unanimous consent for all nominees to stay in status quo during adjournment, "with such exceptions as are included in the list at the Clerk's desk." So some nominees may have been kicked to the curb again. I'm not sure.

my read as well Dave II. I wasn't able to write them down to compare to the Executive Calender. Will have to wait for the recorded version.

I've stayed up so long waiting for that, and then Frist jumps around so much it totally scrambled me. I'm still up though because I want to know if anything's happening tomorrow.

to come out on the Senate website. If they just put up the numbers, then I can compare it to the Executive Calendar. Also, we might get info on who was on the "exceptions" list.

Any more news? How I still wish would show incredible backbone and bring up all the judicial nominations, and say 'We will recess when we have voted on all of these. If we vote them down, fine. But we will vote on each one'

Is usually the first updated. Otherwise, I always have to wait until the daily digest is put up. Is there anything else to check?

till after the election.

At 2:30AM. They return in lameduck around November 13th for a week. Did they confirm any judges tonight? I think so, but I'll have to wait until tomorrow morning to be sure.

Senate has adjorned. Too bad it did not do more.

It was just updated. Randy Smith's name is missing. That means he was either confirmed or sent back to the White House. I bet he was sent back to the White House. All of the rest of the judicial nominees remain unacted upon. That means Kent Jordan and NONE of the district court nominees were confirmed tonight.

In my previous comment, I meant to say that neither Jordan nor any of the district court nominees were confirmed tonight. My supposition is that if Randy Smith was sent back to the White House, so were the other members of The Fatal Five. I hope Keisler was not also sent back.

who didn't get out of committee wouldn't be on the Executive Calendar.

Randy Smith has either been sent back or been confirmed because his name is now gone. I doubt he was confirmed. If he was sent back to the White House, you can bet the other Fatal Five members were too.

I am shocked that neither Jordan nor the district court nominees on the calendar were confirmed.

and concur in your shock. There was no good reason not to voice vote confirm the "non-controversial" nominees. Unless of course they're all "controversial" because they're conservative.

According to:

http://democrats.senate.gov/calendar/2006-09.html

there were no confirmations tonight.

What a waste of 55 Senators. So much hope and possibility. So little substance and gain.

According to my counts (I may be off by 1 or 2), this Senate (with 55 Senators) only confirmed 53 Judges (District, COA and SC), while the previous two (without so many GOP senators) eached confirmed 111 and 107. There are still 32 nominations outstanding.

This Senate had so much potential for so much good. How can we get Senator Frist from honestly answering 'why?'

1. The vacancy rate in the courts is at historic lows (in the last 30 years or so) -- only about 8% for COA and less in the Dist Cts -- so as a consequence, there are very few noms in the Senate. It's been that way throughout the 109th. So, it's unfair to say that the Senate is unproductive per se; they're processing the nominees they have...for the most part.

2. BUT that doesn't mean there's no reason to gripe. Raw #s aren't what's important. Fair treatment for all nominees is what's important, and plainly that hasn't been provided to about 6 of them.

3. Not a single one of these spat-upon nominees presents a good face for a filibuster war -- not the way Owen and Estrada and Brown did. Wallace? Boyle? Myers? Haynes? Yes, Randy Smith is just a victim of Senate parochialism, so he might work, but the others? Terribly difficult to get the public jazzed up, and then equally difficult to get the 51 for the constitutional option if necessary.

4. Arlen Specter refused to report out Kiesler yesterday, even though he had a quorum and the votes to do it. Everyone should be asking why.

While you of the intellect / politcal elite club ponder who/what/why let us embark on a journey based on 1 question!

How many million to one shots need one see before one does See?

in the cases of In re: eToys 01-706 (DE Bank Dist) 05-829, 05-830, 05-831 (DE Dist Court) In re: KB Toys 04-10120 (DE Bank Dist) and Stage Stores Inc (Co Debtor Liquidity Solutions) (Please take notice of Liquidity Solutions) S Texas Bank Dist 00-35080

and let us not forget Kmart. Where Mark Kenney as Attorney for the US Trustee in DE did a press release appointing Traub Bonacquist & Fox as the "equity committee" counsel to protect "their" interest. (given the vast experience of Traub in protecting those of equity holders!)

any one know the outcome of the Kmart case?

Shareholders $0! ($38 billion, general shareholders equity "awlll gwon"!)

Ron B and friends = Kmart!

Kmart then bought Sears!

All have common elements

Traub Bonacquist & Fox, Barry Gold etc.

Now let me give you an inside look into the mountains (coincidences) that have occurred.

Traub Bonacquist & Fox (TBF) worked at Stage Stores as "special counsel"!

Barry Gold worked at Stage Stores for the "Board"!

Traub was found in said case to have failed to make disclosures and had to do a supplemental about conflicts of interest per 101(14), 2014 and 327(a).

The supplemental was done and a few weeks later Credit Suisse was concluded (C S made the request for the supplemental)

Did I dare forget to mention that Stage is owned by BAIN and SanKaty?

Or that BAIN and SanKaty are owned by Mitt Romney?

Good ole Gov Mitt Romeny and Pres hopeful!

Or that he went to BYU also!

Michael Glazer and Jack Bush own stock in Stage and are BAIN entity Chief Exec's

Bush for such as IdeaForest and Glazer for KB Toys!

Yes Jack Bush comes from Dallas, (we will get to that later)

So TBF and Gold work with Stage, Bush, Glazer, Romney etc and then TBF becomes the counsel for the creditors in eToys.

TBF and Gold have worked together for many years.

You say nah, can not be.

How about, TBF, by Paul Traub, submit Gold to be CEO of the Debtor in eToys. (yes in secret)

But then he was caught in doing such by little ole me!

He admitted to such in the Transcript of the March 1, 2005 hearing.

TBF admits that Gold was paid 4 payments of $30,000 each from Jan to May of 2001.

Then the payments of $30 K stopped when Gold was hired by eToys for $40,000 per month.

100% proof of all 3 criteria for violations of the Janet Reno Reform Act of 1994 18 UUSC 155 Fee Fixing.

Mark Kenney was informed by me for several years that a undisclosed relationship existed.

As I am a babe in the woods on statutory issues, when Kenney told me there was no violation, I accepted it as valid,

after all he is a "Trustee"

We also find that RR Donnelley is on the board of the creditors committee in eToys.

eToys has a $300 million suit in NY against Goldman Sachs!

However, 2 members of Goldman Sachs are on the Board of RR Donnelley.

We yell and RR Donnelley /Sachs divest themselves of one another to the tune of $350 million Jan 2005.

Lawrence Friedman as Chief Administrator in Wash DC of the US DOJ US Trustee office is appauled.

So he replaces Roberta DeAngelis as Region 3 Trustee with Kelly B Stapleton in Dec 2004 (after the allegations with proof were submitted into the eToys record)

the press release on Kelly Stapleton says she is vastly experienced in Fraud prosecution.

Frank Perch (Asst US Trustee DE) states on the record, Dec 22 2004 that it is apparent that TBF failed to disclose.

So Judge Walrath (Chief Bank Judge DE) orders responses by Jan 25th 2005.

On Jan 25 2005 we get the first look at the Barry Gold hiring letter which shows a "conspired" event by local counsel for debtor's, creditor's and others that allowed Barry Gold, of his own volition, to choose whether or not to apply to the Court.

All this after Frank Perch and Mark Kennney stated that they "forewarned" all parties in 2001 that any replacement of key personnel for eToys had to be certified "arms length"!

So a hearing was held on Feb 1 2005 and so much came to light that the Judge (Walrath) allowed a shareholder and myselff (both "pro per") to depose the attorney's and Barry Gold.

soooo much additional facts came to light on the Feb 9 2005 depositions that Frank Perch issued a Motion to disgorge TBF for $1.6 million stating that such was "inadequate" due to the draconian Rule of 1144)

Then James Garrity a former NY Justice (Federal) is hired by TBF.

Then Mark Kenney issues a US Trustee settlement of that "inadequate" Motion to disgorge.

Lawrence Friedman had given personal assurances to myself and the shareholders that the shennanigans would be halted.

Then Lawrence Friedman resigned.

Then Frank Perch resigns.

A hearings is conducted on March 1. 2005 where TBF and others confess to their non disclosures, but say it was a mistake.

Judge Walrath halts my inquisitions, stating that I cannot act "pro se"!

Then the WSJ, through reporter Joe Pereira, calls around for comments (he and I had been working on the story for quite some time)

Then Walrath, out of the blue, with no explanation, assigns my claim to Judge Baxter.

The WSJ 1st of 4 articles comes out on July 25, 2005.

The same day Judge Baxter warns me to halt submission of facts or face sanctions.

TBF warns me to 'back off' or not only will I not get paid, they will come after me for previous payments.

They do this through a Trustee that became my counsel (Henry Heiman)

Then Judge Baxter lets my counsel (Brook Hockman) who are on contigency, to reschedule my hearing trial.

Then Judge Baxter lets my counsel withdraw.

Then Judge Baxter lets the PEDC (the Post Effective Date Committee of the eToys confirmed Plan) dismiss my claim.

While at the same time refusing to let my new counsel put in his "pro hac vice"!

Then I appeal.

Then Judge Walrath, in what is obvious as an endeavor to head off my appeal, puts in an OPINION on Oct 4 2005 and signs the ORder to settle with TBF.

The Opinion and Order where Mark Kenney states in the Trustee "Stipulation to Settle" that he will not seek to compel any additional disclosures.

We that we had them all!

In thanking them for making us aware there were more, we digged.

By the way, did anyone notice that eToys sold there assets to KB Toys.

KB Toys is owned by Bain (Romney)

So TBF and Gold worked at Stage (BAIN =KB) with Glazer (Who is CEO of KB Toys) and then went to eToys.

While Traub was busy sneaking in Gold as CEO of eToys (first as "wind down coordinator" OCP) they were also negotiating the sale of eToys assets to KB.

So I send this to the DOJ, the OPR, the OGE, the OIG who all refer me to the General Counsel of the US DOJ US Trustee.

Receiving no answer for more than a year.

Then Alber (an eToys shareholder) and myself do an additional appeal of the OPINION and ORder of Oct 4 2005.

The Clerk of DE Court "Refuses" to Transmit the appeal, stating that she does what counsel tells her to.

They scheduled a hearing to dismiss the appeal from going forward.

We were now becoming more astute at presenting a legal case and had abundant pails of additional nondisclosures and perjuries.

Two men met me out here in CA and warned me to back off!

I called the FBI as I was the only one at that time who was aware that Alber was driving across the country in an endeavor to halt the illegal Appeal Cancel hearing.

A sympathetic Agent in Balt FBI caused an armed US Marshall to be at the hearing.

The Appeal was immediately transferred.

In the meantime Kent Jordan had the details of the 150 felony violations in a brief (by me) on his docket in the first appeal of the CLI / Haas v eToys claim issue that Baxter dimissed.

Kent Jordan was with Morris James.

I had hired Chuck Kunz of Morris James earlier in 2002.

Kent Jordan never revealed this to me. ( I found out days ago)

Kent Jordan dismissed my appeal, without explanation for "pro se" reasons.

He ignored the standing I had as person aggieved under Fed Rule Civil Proc 23.1, 24 or 25 (which are in the Code/Rules in Bank as 7023.1, 7024 and 7025 respectively)

He also ignored my standing under 503(b)!

Kent Jordan did mention in the first appeal that he wanted me to "be aware I have taken notice of the issues you mentioned"!

He read my brief.

Then the appeals by Alber and myself, that they tried to illegal halt from being transmitted, sat at the 3rd Circuit, unassigned... for a week.

No ONE else had the matzoh

so who gets the 3 new appeals

Kent Jordan.

Who should have been recused for the Morris James in the 1st appeal.

Who should not have had the 2nd, 3rd or 4th, due to the wheel of assignment and the prejudice already incurred by hearing my 1st appeal.

Then Kent Jordan ordered a briefing schedule in March 2006.

Then the case sat idle for 6 months.

Then I told the DOJ that I was sending in a Judicial Misconduct complaint.

Then Kent is nominated to the 3rd Cir.

Then my 2nd appeal is dismissed.

And you guys wonder why!

ps,,,, ;by the way, the other check n balance, outside of Judicial complaints would be my one to the General Counnsel of the US DOJ US Trustee.

She sent me a letter, stating that there is no case, no investigationns, no charges to be filed.

With more than 150 felony violations by Docket Record, irrefutable.

It was "unsigned"

Because the "Acting" General Counsel is Roberta DeAngelis!

The FBI agent in DE also told me no investigation, no case, no charges, unless I do not stop my harrasing emails!

To which I responded.

This email, is in response to your phone note to me to stop my emails.

As the matter of Justice and the Integrity of the System is no longer a statutory issue,,

being a matter of influence and price.

How much do you charge?

TBF have splintered and sold to another firm.

So has Kronish Lieb.

Mitt is our next pres!

All that is left is the motions to get there!

Proof of non disclosed conflicts on TBF, Barry Gold, MNAT, Goldman Sachs, RR Donnelley went into the record fall of 2004.

Emergency hearing on the matters Dec 22 2004.

Lawrence Friedman as Chief Administrator in Washington D C of the US DOJ US Trustee Office "replaces" Region 3 Trustee Roberta DeAngelis with Kelly B Stapleton.

RR Donnelley and Goldman Sachs divest themselves of one another Jan 6 2005, to the tune of $350 million.

Response occur on Jan 25th 2005, proving that a "Conspired" collaborative effort between MNAT, CrossRoads LLC, Fredrick Rosner, TBF, Scott Henkin from Fir Tree Value Fund, Richard Cartoon and of course Barry Gold, along with David Gatto, David Haddad and others where Barry Gold hiring letter permitted him to choose whether or not to violate the LAW / Code / Rules of 327 a , 2014, 2016 and 101 -14....

Mark Kenney as Attorney for the Trustee had told me, several times, over the years, that no violations had occurred.

In the fall of 2004 Rosner and friends began a campaign against me and I found the US Trustee guidelines and handbook on the DOJ website.

Mark Kenney had lied to me.

Mark Kenney had called Alber and tried to discourage him.

We had both called the Fraud division of the SEC in Atlanta, one Gordon Robinson.

Robinson at the SEC stated he was sending an "Official Intergovernmental Letter for an Official Investigation"

According to Gordon, Mark Kenney told him "not" to send the letter.

Lawrence Friedman gave direct correspondence to myself and Alber, separate of each other, stating the matters would be addressed.

A hearing occurred Feb 10 2005, where additional facts came to light.

Judge Walrath permitted Alber and myself to depose Traub, Michael Fox and Barry Gold.

MNAT, feeling they were missing their boat to get a free card, "volunteered" to be deposed also.

The depo's occurred on Feb 9 2005 and are part of the record.

On Feb 15, 2005 Frank Perch, Asst US Trustee for DE, placed a Motion to Disgorge in the eToys case record, for 1.6 million, stating that any less would be viewed as a cost of doing business and that the 1.6 was "inadequate" but due to the "draconian" Rule 1144 it was all he thought he could seek.

Then Traub hired former Federal NY Judge James Garrity of the firm Sherman Sterling.

Frank Perch went out of town.

Then Mark Kenney and Mr Garrity offered a settlement on Feb 25 2005 to that "inadequate" Motion to disgorge.

There is no basis in the LAW that permits a Trustee to settle Felonies.

On the contrary the LAW states in 28 USC 586 a 3 F that a US Trustee MUST report all violations to the US Attorney office.

Any matter that takes more than 1 hour must be assigned a case number.

Even if the Trustee wishes not to prosecute, such can only be done by a "MEMO OF Declination" to see if the US Attorney concurs.

Addditionally Mark Kenney "Obstructed Justice" by placing within the Stipulation to Settle that the Trustee "would NOT' seek to compel any additional disclosures.

The Judge is also required by 18 USC 3057 a to report, as the US Trustee is required, to the the US Attorney office.

The Judge is also commanded by the Federal Judicial Canon's of Conduct, specifically Canon 3 B 3, to refer the matter to the US Attorney, specifically when she finds a counsel under her watch, untruthful.

Then the March 1, 2005 hearing occurs.

The Judge Orders that I remain silent.

violating my constitutional rights under Fed Rule Civ Proc 23.1, 24 and 25, which are mimicked in the Code/Rules as 7023.1 , 7024 and 7025.

There is also the "unclean hands doctrine"

there is also the "person aggieved doctrine"

and the good ole 503 b Substantial Contribution that Barry Gold has used himself in the past.

Needless to say the fact that the Chairman of the Creditors Committee has placed in a sworn affidavit on the fact that Barry Gold and Traub lied to him,

that Gold, Traub and the others discouraged me from having my own counsel and using them as my counsel.

That Gold, Traub etc, cannot testify against me, as they are my counsel of Record.

That it is "retalitory" that they be able to stiff me my life savings and year of earnings.

That they offered me a bribe.

That Traub Testified on March 1. 2005 that he paid Barry Gold 4 separate payments of 30 Thousand each from Jan to May 2001.

That Traub then placed Barry Gold in as "wind down coordinator" in secret

then CEO in secret, through deception, of the Debtor.

Where Barry Gold then was paid 40 Thousand per month.

The first, clear cut, 100 percent, slam dunk on the case of 18 USC 155 Fee Fixing from the Janet Reno Reform Act of 1994.

The same Reform Act that appointed the position of US Trustee as "watchdog" of equity holders.

Mark Kenney the eToys and Kmart Watchdog!

Then Lawrence Friedman RESIGNED

Then Frank Perch RESIGNED

Then the WSJ began to call around.

Then I placed a Motion in the KB Toys case as Traub asked permission to prosecute the 100 Million Michael Glazer paid himself and others.

Traub had failed to mention that he and Barry Gold worked at Stage Stores for / with BAIN, Liquidity Solutions, Mitt Romney, Jack Bush, Michael Glazer.

Traub and Gold coming to eToys and then negotiating the sale of assets to KB Toys violated the crime of collusion.

Then Mark Kenney completed and additional obstruction of Justice, for only the TRUSTEE responded to my Motion.

Mark Kenney had the Judge Sullivan expunge my statements.

Then Judge Walrath handed my claim over to Judge Baxterl

Traub and Gold had worked in Delaware Bankruptcy Court in the cases of Bonus Sales and Homelife.

The Judges was Walrath and Baxter.

The Trustee objected in both cases to conflicts.

Then the WSJ aritcle came out on July 25 2005.

It was to be the first of 4 articles.

Joe Pereira is no longer with the WSJ.

Then , on July 25, Judge Baxter Ordered that I do no more or I would be sanctioned.

Then Judge Baxter rescheduled my claim case

Then Baxter allowed my counsel to withdraw.

then he dismissed my claim

While refusing to allow my new counsel to place in his "pro hac vice"

Kent Jordan heard the appeals

Kent Jordan dismissed the appeals

those appeals are now going to the 3rd Cir

Kent Jordan is now at the 3rd Cir.