Notice Of Fraud Upon A Fededral Court By Assistant US Attroney

In the United States Third Circuit Court, Western District
of Pennsylvania

Notice of Fraud on the Court and Motion to Recuse U.S. District Judge
Nora Barry Fischer
Comes now Dr. Katherine Anne McClosey, Ph.D, pro se, pro per to aver
as follows.

1) The U.S. Supreme Court held that "Disqualification is required if
an objective observer would entertain reasonable questions about the
judge's impartiality. If a judge's attitude or state of mind leads a
detached observer to conclude that a fair and impartial hearing is
unlikely, the judge must be disqualified." [Emphasis added]. Liteky v.
U.S., 114 S.Ct. 1147, 1162 (1994).

2) Rule 3B(7) of the ABA Model Code of Judicial Conduct (MCJC)
provides generally that,except as authorized by law, judges may “neither initiate nor consider ex parte
or other communications ... Concerning a pending or impending proceeding.” (Canon 3A(4) of
the1972 Model Judicial Code (MJC)

3) The commentary on Cannon of 2 of Federal Judges code of ethics says
the following:
Canon 2A. An appearance of impropriety occurs when reasonable minds,
with knowledge of all the relevant circumstances disclosed by a
reasonable inquiry, would conclude that the judge’s honesty,
integrity, impartiality, temperament, or fitness to serve as a judge
is impaired. Public confidence in the judiciary is eroded by
irresponsible or improper conduct by judges. A judge must avoid all
impropriety and appearance of impropriety. This prohibition applies to
both professional and personal conduct. A judge must expect to be the
subject of constant public scrutiny and accept freely and willingly
restrictions that might be viewed as burdensome by the ordinary
citizen. Because it is not practicable to list all prohibited acts,
the prohibition is necessarily cast in general terms that extend to
conduct by judges that is harmful although not specifically mentioned
in the Code. Actual improprieties under this standard include
violations of law, court rules, or other specific provisions of this
Code.

4) Cannon 3, part four : (4) A judge should accord to every person
who has a legal interest in a proceeding, and that person’s lawyer,
the full right to be heard according to law. Except as set out below,
a judge should not initiate, permit, or consider ex parte
communications or consider other communications concerning a pending
or impending matter that are made outside the presence of the parties
or their lawyers. If a judge receives an unauthorized ex parte
communication bearing on the substance of a matter, the judge should
promptly notify the parties of the subject matter of the communication
and allow the parties an opportunity to respond, if requested.
5) § 76.15 Ex parte communications.]
(a) Generally. The Judge shall not consult with any party, attorney or
person (except persons in the office of the Judge) on any legal or
factual issue unless upon notice and opportunity for all parties to
participate. No party or attorney representing a party shall
communicate in any instance with the Judge on any matter at issue in a
case, unless notice and opportunity has been afforded for the other
party to participate. This provision does not prohibit a party or
attorney from inquiring about the status of a case or asking questions
concerning administrative functions or procedures.
(b) Sanctions. A party or participant who makes a prohibited ex parte
communication, or who encourages or solicits another to make any such
communication, may be subject to any appropriate sanctions. An
attorney who makes a prohibited ex parte communication, or who
encourages or solicits another to make any such communication, may be
subject to sanctions, including, but not limited to, exclusion from
the proceedings.

5) Here is what the Associated Press reported On April 18, 2012.:
{U.S. Attorney} Ms. Picking eventually led two agents, the couple and
five reporters first to U.S. District Judge David S. Cercone's suite,
and then to the hallway outside of Judge Fischer's courtroom...
.Judge Fischer eventually held separate hearings for Mr. Johnston and
Ms. McCloskey.
Prosecutors with expertise in white-collar crime and national security
passed in and out of the closed courtroom.

6) Clearly Attorney Picking first venue shopped and then had her staff
engage in ex parte communication with Judge Fischer.

7) This constitutes a crime on Attorney Picking's part and judicial
misconduct by Judge Fischer and makes Judge Fischer's recusal
mandatory.

8) Having obtained Form AO91, it is my intention to charge Ms. Picking
with 18 USC § 242 - Deprivation of rights under color of law, although
I have no idea to whom to submit it, as the prosecutor is the accused.
8) The Court is welcome to convene a hearing and have the five
reporters: Richard Lord ( Pittsburgh Post Gazette) Jennifer Preston
(The New York Times) Harold Hayes (KDKA,TV news) Alan Jennings( WPXI
TV news) and Bob Mayo (WTAE,TV news)

9) While laid up with a back injury on Friday, I called the Allegheny
County District Attorney's office, the City of Pittsburgh Police, the
Campus Police of University of Pittsburgh, the U.S.Attorney's office,
and Pittsburgh office of the FBI requesting a time to give them an
interview. Only the FBI did not refuse outright. The FBI did return
my call but could not set up a second interview as yet.

10) There is no one who believes I have done anything criminal except
the person(s) who affirmed the secret affidavit of probable cause and
I cannot learn his, her or their names.

11) This is purely harassment to suit the University of Pittsburgh's
General Counsel Jerome Cochran

12) Special Agent Kenneth R. Buford told me I could give my finger
prints and hand writing exemplars at the Johnstown FBI office.

13) When I tried to arrange that with the U.S. Attorney's office they
hung up on me.

14) I do not own and automobile or have a driver's license because a
neck injury sustained playing soccer for the University of Pittsburgh
at Johnstown in 1977 makes it unsafe for me to drive.

15) I cannot afford 2 round trips to Pittsburgh by train and four
nights in motel in one month.
16) At my own demand I am scheduled to give evidence before the grand
jury on May 22nd.

17) As fraud upon the court vacates all previous orders of that court,
I request that the judge who replaces Judge Fisher order a hearing
for U.S. Attorney's Picking my show cause if any she has as to why
she should not be held in contempt.

18) I request a grand jury be convened to investigate the actions of
the U.S. Attorney's office and its relationship with the University of
Pittsburgh to determine what laws may have been broken.

19) Judge Fischer is immune from both criminal prosecution and civil
suit. However, the U.S. Attorney's office and the FBI are not so
lucky.

I affirm that the information given above is true, correct and
complete to the best of my knowledge information and belief and that a
copy has been severed on the U.S. Attorney's office by first class
mail.