The Milkman Cometh (Regarding Maxwell v Federal Bureau of Investigation et al)

by Mary W Maxwell, LLB

On December 5, 2019, I filed a RICO lawsuit against the FBI in the United States District Court, District of New Hampshire. It has to do with a criminal enterprise related to the 2013 Boston Marathon bombing.

Prior to the Oral Argument in Jahar Tsarnaev’s appeal, on December 12, 2019, the local papers had started to mention that the appeal lawyers will concentrate on “wrong venue.”

The Oral Argument at the Moakley courthouse, which was covered here, made no reference to the fact that an amicus brief in Jahar’s file contains exculpatory evidence. (I am one of the three amici who filed that brief; it was accepted by the appellate court in November 2017.)

Being frustrated on that front, I tried to think of other approaches that could make the truth come out.

RICO

Reached for a pen and paper, as one does, and sketched out a lawsuit against the FBI, an organization that I believe killed Tamerlan Tsarnaev in cold blood — just as it admittedly killed Tamerlan’s friend Ibragim Todashev in his Florida home.

My sketch turned into a civil RICO case, that is, a tort brought under the Racketeer Influenced and Corruption Act that Congress enacted in 1970.  I then swanned over to the federal court in Concord New Hampshire and filed it on December 5th. It is Case 19 -cv -1208.

A day later the Court provided me with summonses to serve on the defendants. There are 10 defendants, so an hour or more was spent at the Post Office filling out the Return-receipt-requested envelopes, at the not-nothing price of $7.90 per item, hence $79.00 all up.

The Milkman

I have hesitated to tell folks about this lawsuit. I feel like a jerk. Who am I, Mrs Smallfry, thinking she can defeat a shark.

Still, when I dared mention it to two friends, their reaction was heartening.  Both of the friends, who don’t know each other, made an identical comment.  They said “Well, somebody’s got to do it.”

That made me think “Well, yeah, if milk needs to be delivered, we gotta have milkmen.”

As each day goes by, we see the news becoming more and more surreal, do we not?  I want to stick up for normalcy. I want to say “Excuse me, Folks, if the authorities, after 6 years of Jahar Tsarnaev’s incarceration, can’t come up with any decent investigation, we normals can at least offer a legal protest of that. We can file a ‘civil RICO’.”

When the residents of Greater Boston — numbering almost 7 million — need their milk, somebody’s got to do it.

I am honored to be the milkman.

UPDATE, December 27, 2019 — Brass Knuckles

There are 10 identified defendants in Maxwell v FBI et al, and one sort of mythical creature whom I labeled “John Doe, high officer in the ruling cabal.”

The point of a RICO suit is to show that a number of people are involved in something — an “enterprise” — since logically it would take their collaboration; it couldn’t otherwise be accomplished.  (In this case, the bombing of the Marathon finish line and sequelae.)

I have no idea how the 10 collaborated so I speculated that they have a sort of boss, John Doe. You may wonder how I “served process” on John Doe, per Rule 4 of the Federal Rules of Civil Procedure. Well, I didn’t.  You don’t have to track down your John Doe’s.

So far, I’ve got the green postcards back, signed, from seven of the ten defendants.  One of the seven, in addition to acknowledging receipt, also sent the entire envelope (with the summons and the 20-page pleadings) back to me with the words “Return to sender.” It was unopened, hence unread!

I assume the two who haven’t sent me anything back, will do so soon, as there may have been holiday delays in the mail. Let’s refer to them as Summonees 9 and 10.

Yet there is the fascinating matter of Summonee Number 8. He sent back to me the entire envelope, unopened, and with the green postcard — unsigned — still on front of the envelope ( the way the USPS attaches it), marked “Return to sender.”

As far as I know, he did not commit any offense by refusing a summons. Ultimately, he can’t refuse it, but he can evade it as long as possible, thus causing a delay in the case, and it will cost me to have to hire a process server.

When I opened my letterbox and saw the unopened, unsigned, rejected summons, I was pretty startled.  Actually, a better word may be “frightened.”  Although it’s possible that I have the whole story wrong — maybe the Boston postman made a booboo — I think Number 8’s gesture was meant as a show of power. Sort of flaunting the old brass knuckles.

Did he “mob me up’?  Is The Mob involved in the Marathon affair? Never thought of that one before!

FURTHER UPDATE,  January 2, 2020 — Case Dismissed

I googled for “Maxwell v Federal Bureau of Investigation et al” and saw that the Court had tried to send me something, but that it was returned “undeliverable.” I’ve received Christmas cards, and bills, here at the Concord address, so I can’t explain the problem. Note: I’m not insinuating foul play.

It seems the Magistrate wrote to me on December 10 (that’s the letter I did not receive) to say the case “lacked subject-matter jurisdiction. ” I was given a fixed time to reply. I didn’t reply, of course, as I did not get her letter.

The judge then made an order, dated December 26, agreeing with the magistrate’s recommendation to dismiss, based on lack of subject-matter jurisdiction (really on “standing.”), as I had failed to reply, “per Federal Rule of Civil Procedure 72 (b) 2.”

So, as of today, January 2, 2020 when I went to the NH federal court to check up on progress, I found that I no longer have a case before the court.

Most likely I won’t take up the matter of the item being undeliverable to me.   Other persons are very welcome to use my RICO sketch — in full, or cannibalized — for a civil suit of their own. (It will cost you $2 USD to download my 20 pages from PACER.gov.)

If God spares me,  I will forward the case to US Attorney General William Barr, suggesting that he base a RICO prosecution on it.

As a separate matter, I’ll see if I can scare up a citizen-led Grand Jury in Massachusetts to consider various indictments related to crimes surrounding the 2013 Boston Marathon.  After all, SOMEBODY’S GOT TO DO IT.

And who needs lawyers when you’ve got milkmen?

Dear Readers, if any unanticipated developments emerge, re Maxwell versus the Feebs, I’ll post that news on my “presidential” website, namely: ConstitutionAndTruth.com.