Charles Lincoln?

[weazie]

One of the attorneys trying to prove that Obama is ineligible to be POTUS has started associating with Charles Lincoln, a thrice disbarred lawyer who was convicted of fraud. In addition to ghostwriting the pleadings, Lincoln peddles "mortgage redemption."

A bit on Lincoln:
http://charleslincoln3.wordpress.com/page/4/

His bio:
http://www.charleslincoln.spiritualpatriot.com/bio.html#

Word on the Internet is that he's also involved in the citizen sovereign movement (as his "business" seems like a form of paper terrorism designed to stick it to The Man).

Anyone else know anything about Lincoln?

Thanks!

[wserra]

You've got quite the winner here, weazie.

In 1999, Lincoln was charged with the federal crime of using a false Social Security number, while still a lawyer. 99-cr-00275, WDTX. He pleaded guilty and received probation. He then resigned from the bar in 2000 rather than face discipline.

In 2007, one David Sibley sued Lincoln in state court in Texas. Lincoln removed the suit to SDTX (07-cv-258) on the grounds of diversity. Sibley moved to remand on the grounds that $75K was not in controversy and that Lincoln had misrepresented his residence to establish diversity. The DC remanded on the "amount in controversy" only, not reaching the issue of Lincoln's residence. Sibley, however, was not to be deterred. He moved to sanction Lincoln for misrepresenting his residence. The DC set a hearing date. Lincoln, failing in an attempt to have it adjourned, didn't show. The DC then set a date for a contempt hearing. Lincoln didn't show at that either. The Court issued a warrant for his arrest. Finally, he was arrested in Mexico, returned to LA, refused to waive extradition, and spent two months in jail. Upon his return to Texas, he was found in contempt, and sentenced to time served. The opinion is here.

Among other interesting findings, the DC found that "in the months preceding the litigation between Mr. Sibley and Defendant Lincoln, Defendant Lincoln represented to the United States District Court for the Southern District of Florida that he was a citizen of Texas for purposes of maintaining federal subject matter jurisdiction" - in other words, in Florida he said he lived in Texas, while in Texas he said he lived in Florida. The Court also noted Lincoln's, um, checkered past:

several orders from other federal courts sanctioning Defendant Lincoln for various reasons. See Jaikaran v. U.S. Bank, C.A. H-06-1479 (S.D. Tex. Aug. 14, 2006) (ordering the arrest of Defendant Lincoln for failure to appear); Aames Capital Corp. v. Lincoln, No. A-04-CA-614-SS (W.D. Tex. Mar. 16, 2005) (denying Defendant Lincoln’s motion to vacate orders by a particular judge as “frivolous”); Aames Capital Corp. v. Lincoln, No. A-04-CA-614-SS (W.D. Tex. Feb. 17, 2005) (chastising Defendant Lincoln for the use of delay tactics, including the filing of frivolous motions to recuse and frivolous discovery motions); In re: Charles Edward Lincoln, III, No. 03-03-00459-CV (Tex. App. – Austin Aug. 22, 2003) (ordering Defendant Lincoln to appear and show cause why he should not be sanctioned for filing frivolous motions with the court); In re: Charles Edward Lincoln, Case No. 01-C-04695-AIN, Case No. 02-J-11673-AIN (Ca. State Bar Court June 18, 2003) (recommending that Defendant Lincoln be disbarred from the practice of law); USA v. Lincoln, 1:99-cr-00275-WSSM (W.D. Texas Dec. 7, 1999) (criminal case in which Defendant Lincoln plead guilty to false representation of a social security number); Viola v. Collins, 1:97-cv-00164-JRN (W.D. Tex. July 31, 1997) (dismissing a case brought by Defendant Lincoln based in part on Defendant Lincoln’s refusal to obey court orders and filing of frivolous motions designed to burden opposing counsel)

It's worth reading the whole opinion. I don't think Judge Jack likes Mr. Lincoln.

One other opinion is worth reading. Judge Walter Smith of the Western District of Texas sanctioned Lincoln (along with an accomplice) $150,000 upon finding that

Charles Lincoln has spearheaded efforts to have the Texas Family Code declared unconstitutional. He has enlisted the assistance of numerous pro se litigants, including Defendant Daniel Simon, who continue to prosecute baseless claims against state officials.

The Court finds that Defendant Simon and his de facto attorney Charles Lincoln have engaged in harassment of public officials by filing numerous frivolous lawsuits and removals to the federal courts in the Western and Southern Districts of Texas, including the above numbered cause. The Court finds that sanctions are appropriate and necessary to deter future sanctionable conduct by Defendant Simon and/or Lincoln.

In addition to the $150K, Judge Smith sua sponte dismissed with prejudice every suit Lincoln had in WDTX, and barred him from filing or removing any more until the entire sanction was paid.

Whew! Judge Roy, do you know Judge Smith? Do you loan him your cattle prod?

[Brother Dave]

Charles Lincoln has spearheaded efforts to have the Texas Family Code declared unconstitutional.

Any background as to why he would try to do this?

[wserra]

Any background as to why he would try to do this?

There were several allegations that he was practicing law without a license. From the application for the sanctions, it appears that this was more of the same.

[Prof]

Any background as to why he would try to do this?

There were several allegations that he was practicing law without a license. From the application for the sanctions, it appears that this was more of the same.

US Dist. J.Walter Smith the CJ, WDTEX; he presided over the Branch Davidian (Waco) trial. US Dist. J. Janis Jack SDTEX, sits in Corpus Christi. Both are pretty tough; both were state Dist. Judges, with jurisdiction over domestic relations cases.

[wserra]

both were state Dist. Judges, with jurisdiction over domestic relations cases.

Ahh. That does explain why this clown's antics would particularly piss them off.

Wait a second - isn't being P.O.'d the flip side of being empathetic? Aren't those no-no's for judges?

What a joke that particular scene is.

[weazie]

Thanks, I also found this bit of goodness:

The news is that the two Birther legal eagles are joining in some endeavor called “mortgage redemption litigation,” which Lincoln already practices for the benefit of people losing their homes to foreclosure. His lucky clients just have to turn over their ownership rights to him and he will fight for those rights he now owns in court against whoever financed the mortgages. I did wonder how a disbarred lawyer gets anywhere near bringing court cases, but I’m told by a barred lawyer Lincoln just says he’s representing himself. Since he now owns the client’s property lock, stock and barrel, that made sense.

Mortgage redemption, as practiced by Dr. Charles Lincoln is done by “quieting” a title to “remove a cloud.”

Even the right-wing Constitution Society has a warning:

..Lincoln has begun preying on victims of injustice. He has induced, through a straw man, the filing of fraudulent “notices of lien” on the real estate of people for amounts far in excess of any amounts owed, as a way to extort money from them.

But what pretty pleading that he files:

15.It would be one thing if this were in isolated incident,
but it is an epidemic of fraud, made all the more acute by the
baldness of the lie.

16.This slippery tale of the mysteriously lost or destroyed note,
repeated thousands of times all over Florida, is entitled to no
more credibility than those offered by truant schoolboys
involving dogs who eat homework or great aunts who always
die during finals or when term papers are due, but it is used
successfully in perhaps80-90% of all Florida Mortgage Foreclosures, and probably 100% of all non-judicial foreclosures in California and Idaho.

17.And all the little Oysters stood and waited in a row.
“The time has come,” the Walrus said “to talk of many things:
of shoes and ships and sealing wax, of cabbages and kings.”

18.Like every one of the Oysters in Lewis Carroll’s
“The Walrus and the Carpenter” from Through the looking
glass and what Alice found there (1872), the mortgagors
in the United States have been tricked by false promises
and lies and asked to walk along the beach, only to be
summarily eaten by the mortgage companies, their servicers,
and the courts and county sheriffs who have supported them.

19.“The Sun was shining on the sea, shining with all its might….
and this odd because it was the middle of the night.”

[Blup]

at least it's marginally intelligible, unlike David Wynn Miller's psychedelic feces:

http://dwmlc.com/

e.g.:

~1 FOR THIS PLENIPOTENTIARY-JUDGE: David-Wynn: Miller's-KNOWLEDGE OF THESE CORRECT-SENTENCE-STRUCTURES-COMMUNICATION-SYNTAX-LANGUAGE=(C.-S.-S.-C.-S.-L.) ARE WITH THE CLAIMS BY THE QUANTUM-NOW-TIME-FACTS.

~2 FOR THE EDUCATIONAL-CORRECTIONS OF THE MODIFYING-COMMUNICATIONS ARE WITH THESE CLAIMS OF THE FICTIONAL-ADVERB-VERB-USURY WITH THE OPERATIONAL-METHODS OF A FICTIONAL-MODIFICATION-LANGUAGE.

~3 FOR THE NOUN = NO-NO OF THESE FICTION-WORDS WITH AN AILING-MEANING BY THE FICTIONAL, SIMULATION, ILLUTIONAL, PRESUMPTION, ASSUMPTION OF A FACT.

~4 FOR THESE CORRECTIONS BY THE C.-S.-S.-C.-S.-L. ARE WITH THESE CLAIMS OF THE C.-S.-S.-C.-S.-L. WITH THESE UNITY-STATES-PERSONS OF THE CORPORATION-VESSEL-PAPER-DOCUMENTS. ~5 :NOTE: WORD "PARTY" = ONE-HUMAN-OPINION = VOID-CONTRACT = SOVEREIGN.

(etc)

[themysteryschool]

Given that Judge Graham Jack ordered an appearance on a REMANDED case and then subsequently provided NO ORDER TO APPEAR or a subpoena to get Lincoln there I'm surprised it even continued to such a point as to where she would order US Marshalls to pick him up in Montana (miles and miles out of her jurisdiction). Graham Jack was way out of line to do anything of the sort. Also, on the 150 K sanctions order: Lincoln wasn't even NAMED in that suit at the time of the order. The idea that a Judge can just order sanctions on a friend of the plaintiff (Dan Simon) is absolutely shocking. Lincoln is nothing more than an example and lesson on the abuses of power from Judges who have an ax to grind, but no legal means to grind it.

[Arthur Rubin]

Given that Judge Graham Jack ordered an appearance on a REMANDED case and then subsequently provided NO ORDER TO APPEAR or a subpoena to get Lincoln there I'm surprised it even continued to such a point as to where she would order US Marshalls to pick him up in Montana (miles and miles out of her jurisdiction). Graham Jack was way out of line to do anything of the sort. Also, on the 150 K sanctions order: Lincoln wasn't even NAMED in that suit at the time of the order. The idea that a Judge can just order sanctions on a friend of the plaintiff (Dan Simon) is absolutely shocking. Lincoln is nothing more than an example and lesson on the abuses of power from Judges who have an ax to grind, but no legal means to grind it.

The judge can order sanctions against anyone who claims to be attorney for a party. I doubt the rest of this rant makes any sense, but that part doesn't make sense even if the facts were as in the rant.

[Prof]

And, the sanctions were imposed in a prior case in the Western District of Texas by CJ Walter Smith, Waco Division, who barred Lincoln from filing any pleading in any federal court in the State of Texas. Judge Jack, Southern District Texas, Corpus Christi, did not impose any sanctions; she merely dismissed a case in which both of these gentlemen are listed as Plaintiffs.

Lincoln is a disbarred lawyer who, at last report, was living in Canada and giving legal advice via the Internet.

Lincoln's activities in regard to missing note cases are sad, because, if he had a clue, and a law license, he might have been able to help some of these folks.

[Judge Roy Bean]

I'll reserve comment for the time being, other than to say Lincoln has left a trail of victims.

[Nikki]

Lincoln is the kind of lawyer who gives venomous snakes a bad name.

[wserra]

Given that Judge Graham Jack ordered an appearance on a REMANDED case

So few words, so much wrong.

Upon Lincoln's challenge, Judge Jack ruled that she had the power to do exactly that, since the issue of sanctions was a collateral matter over which she retained jurisdiction. Docket entry 25 in 07-cv-258 (SDTX). Lincoln filed a notice of appeal to this and related orders, but failed to perfect the appeal. The Fifth Circuit dismissed it on May 19, 2008.

Guess Lincoln really felt strongly about it.

and then subsequently provided NO ORDER TO APPEAR or a subpoena to get Lincoln there

Gee. Docket entry 10 looks a lot like a notice to appear for July 23, 2007; docket entry 11 looks a lot like Lincoln's opposition to the motion to sanction him; docket entry 14 looks a lot like "CHARLES EDWARD LINCOLN, III's Motion for Continuance of July 23, 2007, Hearing"; and docket entry 25 looks a lot like Judge Jack's order denying the continuance, and providing "The Court again ORDERS Defendant Charles Lincoln to appear in person before this Court at 1133 N. Shoreline Blvd., Corpus Christi, TX, on Monday July 23, 2007 at 10:00 AM for a hearing on Plaintiff’s motion for sanctions".

Guess that's not sufficiently specific for Lincoln.

I'm surprised it even continued to such a point as to where she would order US Marshalls to pick him up in Montana (miles and miles out of her jurisdiction).

She didn't "order US Marshalls to pick him up in Montana". She issued a warrant for his arrest. Such a warrant is directed (quite lawfully) to U.S. law enforcement officers worldwide.

Graham Jack was way out of line to do anything of the sort.

Well, then, I take it that Lincoln appealed to the Fifth Circuit, won, and then filed a complaint against her for her shocking abuse of power.

Oh, wait, he never perfected, did he?

[Dezcad]

I'm surprised it even continued to such a point as to where she would order US Marshalls to pick him up in Montana (miles and miles out of her jurisdiction).

She didn't "order US Marshalls to pick him up in Montana". She issued a warrant for his arrest. Such a warrant is directed (quite lawfully) to U.S. law enforcement officers worldwide.

According to the record, Lincoln was detained in Mexico, arrested in California and then transported to Texas and nothing happened to him in Montana.

[wserra]

According to the record, Lincoln was detained in Mexico, arrested in California and then transported to Texas and nothing happened to him in Montana.

Right. I posted that above. But when someone gets as much wrong as Mr. Mystery, one shouldn't strain at gnats.