Mr. Bibbins:
Please help me with an explanation, I certainly want to comply with both Lycos and the Law. I understood your email to indicate that you were "disinclined to instruct [me] as to what content should be removed or retained in order to have [my] page[s] remain with Angelfire." I certainly do not want Angelfire to be held accountable for ANY comments I make and I certainly want to follow Angelfire's Terms of Service. Your comment that Lycos is much more inclined to defend court documents rather than personal commentary leads me to believe that I should file my "summary" with the court. Of course I am willing to do that in an affidavit to the Court.
In order to best understand your advice or your possible decision, I have several questions which only you can answer.
Attorney Daryl Kidd has voiced his threat of libel to me and to Citizens for Legal Responsibility. Perhaps you are interested in contacting CLR about this matter. http://www.clr.org or clr@clr.org I have shared with them documents that further substantiate my position against his threats.
Libel is a very serious charge, one that I do not take lightly. But, I also know that the best defense against a charge of libel is truth. I understand that from where you sit, the truth has not yet been determined. I have the truth, the documents, tapes, etc., but until I can get it into court, it is subject to a power play behind the scenes. I am now one small voice against a court system that has used its power to even scare attorneys away from representing me. Off the record, those attorneys will tell you that the law is on my side and that I am abiding by the law. On the record, they are fearful of the power of the Cobb Court system as it relates to their own personal livelihood. Please note that even Senior judge Jere White of Bartow County commented:
The court: AGAIN, I WANT TO CMPLIMENT YOU ON YOUR - REALLY, I THINK IT VERGES ON BRILLANCE THE WAY YOU'VE HANDLED THE MATTERS. I CAN APPRECIATE YOU DON'T WANT TO AGREE TO ANYTHING. YOU THINK I'M TRYING TO TRICK YOU, WHICH I'M NOT.
The above excerpt is at the end of the Court Transcript, located at www.angelfire.com/ga2/portman/144.html and www.angelfire.com/ga2/portman/144.2.html . Judge White accurately sized up this case and determined that he wanted nothing to do with it. Why? Because he could see that I am determined to expose the truth in a proper court of law. And the law determines that any judge who participates in covering up a VOID order will be trespassing, acting outside his jurisdiction and thereby waiving all judicial immunity. I am trying my very best to minimize the number of people who are involved. I have actually sought Judge Nix's recusal or disqualification for his own protection, as I did with Judge Conley Ingram! If you will read the entire transcript, (as noted above) I think you'll see that this Superior Court doesn't actually have a legal solution to this situation.
And, I now realize that I must move it to federal court. My intentions are to file a federal complaint, and I am currently and frantically working to get that accomplished. Without a legal degree, I must check, double-check, and triple-check my work.
I truly believe that I have been open and honest about everything I've done. The Court and all of the defendant parties in Civil Action No. 99-1-7941-24 have been fully aware of my web sites since October of 1999, the date of the Original Complaint. My Motion for Declaratory Judgement with the Superior Court of Cobb County, and all successive pleadings, have been the actual print-outs from the web site, with the URL listed on each page. I am making every effort I know to bring this to a legal conclusion.
I never set out to battle anyone, and particularly never wanted to battle any attorney or any judge. I use the term "battle" because that best describes the adversarial position I now find myself in. I have appealed to Georgia legislators, to the current Georgia governor, to the State Bar of Georgia, and to the Judicial Qualifications Commission. I am currently doing exactly what they advise. I am following the law. The problem is that the Cobb County Superior Court has not followed the law.
Again, I appeal to Lycos to advise me so that I can remain within the Angelfire Terms of Service. Please weigh carefully whether Lycos is actually in any jeopardy or whether these "specific complaints" are really just empty threats. I repeat that it is not my intent to cause any legal or financial harm to Lycos. Angelfire provides a valuable tool for our schools, and I would not want to cause even secondary harm to that service.
Sincerely,
Marquitta Portman
PML19368@cobbk12.org
Phone:
Copy of all correspondence to Lycos, Inc., legal department