“I think you should take a penny on the dollar, go make cookies and I'll take you off of the black list”

“I think you should take a penny on the dollar, go make cookies and I'll take you off of the black list”

• Judge Robert T. Peacock

So I was sitting on the witness stand at The Armed Services Board of Contract Appeals (ASBCA) in the case of CANVS V SOCOM, and the Judge actually said this to me:

“I think you should take a penny on the dollar, go make cookies and I'll take you off of the black list.”

Let us just examine just the first part of Judge Peacock's statement (for now):

“I think you should take a penny on the dollar”.

As this case was bifurcated into two trials, first the Liability phase (which has been ongoing for ~7.5 years), and the Damages phase (which has yet to begin), I think it was highly inappropriate for the Judge to say anything about the monetary value of the case prior to seeing any evidence. Based on this my legal team asked the Judge to recuse himself from the case as his behavior was textbook prejudice, he “pre” “judged” the monetary value of the case.

In the Judge's response to our request he not only said he thought he did not do anything wrong, he admitted that:

“The Board has not yet received any quantum evidence and preforce has formed no opinions on the details of the appellant's quantum methodology. The so-called “quantum” discussions with appellant were generalized and focused on the need for the appellant to greatly reduce its $100 million claim demand for settlement purposes.”

And in what I can only perceive as a further abuse of my rights, the Judge, being one of the three judge panel hearing this case, actually got to vote if he did anything inappropriate?! Any guess what he decided?

Now lets consider the rest of his statement:

“go make cookies”

This is a reference to SOCOM getting to try the case twice because they screwed up so badly the first time. The Lawyer for SOCOM, Chun-I, says to me while I am on the stand:

“There are no non disclosure agreements in evidence in this case.”

I waited a long time before I spoke and everyone was staring at me, I said to the Judge, that was a statement not a question, and I believe he is correct in that neither SOCOM or CANVS has asked for any NDA's to be entered into evidence, but I will not sit here and allow the insinuation that I did not provide and NDA's to SOCOM during discovery, in fact I know there are hundreds of NDA's on the hard drive that I provided SOCOM.

So SOCOM got to have a second trial to go over all of the CANVS NDA's. One of the NDA's was between Drunken Chefs (another company of mine) and a Casino. The Judge asked what Drunken Chefs was and Chun-I said it was a company that Mr. Walkenstein started to provide Drunken desserts for Food Network events. The Judge then asked if this NDA had and bearing on the case, at which point I chimed in and said, I sat here on the witness stand and had SOCOM accuse me of not protecting my Color Night Vision related intellectual property, no only do we know this not to be true based on tens of thousands of pages of evidence, we also see that I was even protecting my cookie recipes, so imagine how careful Walkenstein and CANVS were with the various trade secrets necessary to produce Color Night Vision Goggles.

Let me tell you about “testing fees”. I was approached and basically was told, if you pay this testing fee, SOCOM will purchase your goggles. I said, that sounds like a bribe to me, if it is not a bribe, I will ask Congress for plus up money on my contract to pay the testing fee. They responded with, Walkenstein is out of control, he went directly to Congress for funding, he is a threat to the entire SOCOM procurement process. What they really meant was, I told Congress that SOCOM was extorting money out of small business with the “testing fee” scheme. People went to jail over this, but sadly they are still doing it and the new offenders are untouched.

The jab at me, “go make cookies”, at least the way I took it was, if you are not willing to pay the bribes necessary to the night vision mafia to do night vision business with the US Military, then you should go make cookies. Are you kidding me?! In the schools and neighborhoods I grew up in, this kind of talk routinely resulted in a good old fashioned bare knuckle beat down by the flag pole after school.

And lastly, “and I will take you off of the black list.”

Are your fracking kidding me?! So the Judge is saying do what I say (namely take a penny on the dollar and go make cookies) and he will something for me (take me off the black list). Let us just wait one cotton picking minute. Are you fracking kidding me?! So the judge is saying he knows there is a “black list”, he knows “I am on the black list”, and he has the power to take me off of the black list?!

Although I reserve my final opinion on Judge Peacock until this case is over, the way I feel right now is at what point did the inmates take charge of the asylum?