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