UNITED STATES DISTRICT COURT
for the
DISTRICT OF NEW HAMPSHIRE
*Sam Sloan, )*
* Plaintiff )*
* v. ) Civil Action No.*
*Hearst Media Company, ) 16 CV 052 (PB)*
*WMUR TV Station, and )*
*Deborah Wasserman Schultz )*
* Defendants )*
*Objections to the Report and Recommendation *
*of the United States Magistrate Judge*
*Samuel H. Sloan being duly sworn states:*
*1. I am a registered candidate for President of the United States,
registered with the Federal Election Commission.*
*2. This case arose first when I went to Iowa in January to compete in the
Iowa Caucuses. I had been invited to compete in the Iowa Democratic
Caucuses by Dr. Andy Maguire, Chairman of the Iowa Democratic Party.
(Incidentally, although she uses a male name, she is a woman. Her full name
is Andrea Maguire. An interesting coincidence is she has a similar
background to that of my mother, Dr. Marjorie Sloan, who was born and
raised on an Iowa farm.)*
*3. I came to Iowa with TV ads I had prepared to run on TV there, just as
the other Democratic Party candidates were doing. I have 21 campaign ads
available on youtube by searching for “Sam Sloan for Presidency”. I
contacted KCCI, the major TV station is Des Moines Iowa. On February 1,
2016, after several exchanges of emails, I seemed to be making progress in
having KCCI to book my ads, when the sales manager Amanda B Hull
<AHull@... <AHull@...m>> wrote me by email stating my ads
would not be broadcast “because the information you have provided does not
give us a basis to consider you a legally qualified candidate; i.e., you
have not provided a sufficiently substantiated claim of bona fide candidacy
in Iowa for President of the United States.”*
*4. I thereafter received telephone calls and emails from Stephen Hartzell
<SHARTZELL@... <SHARTZELL@brookspierce.com>> who stated:*
*"we are agreeing to disagree over whether you have met your burden to
substantiate bona fide candidacy for the office of President in the state
of Iowa under the threshold established by the Communications Act and FCC
regulations and decisions. Even if we agreed on that point, the timeliness
issue was still problematic for your request today, based on the timing of
your request, the timing of the Caucus, and the deadlines set forth in
KCCI's Disclosure Statement and consistently enforced by KCCI with respect
to opposing candidates.*
*"As I mentioned on the phone, I can assure you that every Hearst
Television station that receives a request for time from you will fairly
evaluate the bona fides of your candidacy in the state at issue. And they
will also abide by the terms of their Disclosure Statements.*
*"And, as we discussed, if you make another request for time from KCCI in
connection with the General Election, the station will make a judgment at
that time about your status as a "legally qualified candidate" for that
election, under applicable FCC regulations and case precedent. Of course,
KCCI's Disclosure Statement and applicable deadlines for advertising will
be applied to any such future request as well.”*
*"Sincerely, *
*"Stephen Hartzell*
*"Brooks Pierce*
*"Counsel to KCCI"*
*5. I replied as follows on Feb 1, 2016, at 5:13 PM, Sam Sloan
<samhsloan@... <samhsloan@...>> and wrote:*
“*I spoke to Mr. Hartzell just now. I explained that last month I met with
Dr. Andy Maguire Chairman of the Iowa Democratic Party and she said that I
was eligible and welcome to run in the Iowa Caucuses. Therefore I am
shocked that you would suggest that I was not a bona fide Democratic Party
candidate. This is my third trip to Iowa pertaining to my candidacy. I came
to Iowa both for the Jefferson-Jackson dinner in November and for a debate
a few weeks later.*
“*In our telephone conversations, Mr. Hartzell said that in order to
establish that I was a bona fide candidate for President of the United
States I would have to be on the ballot in ten different states. I pointed
out that almost none of the existing recognized candidates were on the
ballot in ten different states yet they were running their ads non-stop on
TV.”*
*6. I informed Mr. Hartzell that I would be going to New Hampshire next.
Following my lack of success in Iowa, I drove my rental car to New
Hampshire where I was already on the ballot for the New Hampshire Primary.
I felt that surely they could not refuse to run my TV ads there as I was on
the ballot.*
*7. The major TV station in New Hampshire is WMUR TV Station in Manchester.
I sent them several emails and made telephone calls leaving voice messages.
Receiving no reply, I went to their TV station which was surrounded with
Secret Service Agents. They opened the door to let another candidate in. I
gave them my card and told them that I was a candidate too. The lady at the
door said “We know who you are”. She had obviously been informed by Mr.
Hartzell that I would be coming. I asked her to ask her superiors to let me
in. She said she would find out and come back. She came back a few minutes
later and said I would not be admitted and asked me to leave the building.
I was escorted out.*
*8. By then, I had found out that Hearst Media Company owns both TV
stations, KCCI in Des Moines Iowa and WMUR in Manchester, New Hampshire.*
*9. Having no other options, I went to the federal courthouse and filed
this case. At the time I filed this case, the primary election was taking
place. The polling places were open. Had I been allowed to run my ads on TV
and gotten my message to the people, I am confident I would have won the
primary election.*
*10. The reason is my message is the message the vast majority of Americans
want to hear. I want to pull all of our troops out of the Middle East. I
want to let the people over there fight their own wars. We Americans should
stay out of it.*
*11. All the other candidates are War Hawks. Most of the Republican
candidates want to bomb the countries of Iran, Iraq, Afghanistan and Syria.
They compete with each other and brag about how many bombs they plan to
drop here and there and how many US troops they will send to remote places
we cannot even find on the map. They even want to bomb Iran, although Iran
has declared no war against us.*
*12. I have been against the war or wars for a long time, since the 1960s.
I am also anti-Communist. This means I am against Bernie Sanders. You are
entitled to question this. I attended the University of California at
Berkeley during the great student revolutions, 1962-1967. I used to walk
past Sproul Hall every day on the way to class. On the steps of Sproul Hall
every day, Leftists were making speeches. People like Bettina Aptheker and
Peter Camejo were standing there making speeches almost every day. They
were the hardest of the hard core card carrying Communists. They were real
members of the Communist Party who with Bernie Sanders had traveled to the
Soviet Union.*
*13. Since I heard them speaking almost every day, I knew their rap.
Nowadays, I hear the same rap from Bernie Sanders. Sanders obviously has
audio recordings or transcripts of those speeches made by Bettina Aptheker
and Peter Camejo and has memorized them and is just reciting back the
speeches made by them.*
*14. Young people today have probably never heard of Bettina Aptheker and
Peter Camejo and when they hear Sanders speak they think that they are
hearing new and original ideas. They do not realize that they are just
hearing a replay of discredited speeches made decades ago.*
*15. The result of the New Hampshire primary election was Bernie Sanders
won with 60.4 % of the vote.*
*16. I believe that if I had been allowed to run my campaign ads on TV,
Sanders would not have won the Primary Election and he certainly would not
have gotten as many votes as he did. The public needed to know and I needed
to have the right to inform them that the speeches by Sanders were just
repeats of old speeches made fifty years ago. Sanders could not have denied
this because I have the proof and anybody from that time with a good memory
will remember them too.*
*17. Regarding Hillary, I happen to agree with Hillary on the two biggest
issues. Hillary was absolutely 100% right on the email-gate issue. The most
secure place for Hillary's emails was Hillary's own personal server that
she alone controlled. The idea that Hillary should have used the
Government's server rather than her own server is ridiculous. Nothing the
government does is secure or will remain secret for long. Do you seriously
believe that the Chinese, the Russians, the Japanese and the Germans have
not long ago hacked into the Government's servers and have read every email
there. Only Hillary's own server where she alone knew the encrypted
passwords was secure from break-ins.*
*18. Regarding the Benghazi Attack, in no way can Hillary be blamed for
that. Here is the complete statement by Hillary:*
“*I condemn in the strongest terms the attack on our mission in Benghazi
today. As we work to secure our personnel and facilities, we have confirmed
that one of our State Department officers was killed. We are heartbroken by
this terrible loss. Our thoughts and prayers are with his family and those
who have suffered in this attack.*
“*This evening, I called Libyan President Magariaf to coordinate additional
support to protect Americans in Libya. President Magariaf expressed his
condemnation and condolences and pledged his government’s full cooperation.*
“*Some have sought to justify this vicious behavior as a response to
inflammatory material posted on the Internet. The United States deplores
any intentional effort to denigrate the religious beliefs of others. Our
commitment to religious tolerance goes back to the very beginning of our
nation. But let me be clear: There is never any justification for violent
acts of this kind.”*
*19. The Republicans use the BIG LIE TECHNIQUE, popularized by Hitler, by
saying over and over again hundreds of times that Hillary misled the public
with the above statement and that Hillary was in some way guilty of
allowing the Benghazi attack to take place. Especially Jim Jordan and Marco
Rubio keep saying this. None of this was true. There was nothing wrong with
Hillary's statement. It was completely accurate.*
*20. At the same time, when the Republicans were in power there was an
attack on the US Embassy in Islamabad, Pakistan. A Marine Guard that I
happened to know as I happened to visit that US Embassy just a few weeks
before that attack, was killed and the US Embassy was burned to the ground.
I have never heard any Republican say that the US Secretary of State at the
time was in any way negligent or responsible for that attack.*
*21. In short, I support Hillary on these big issues but she is still a war
hawk, although not as much of a war hawk as the crazy Republicans who not
only want to continue the wars we already have but who want to start new
wars such as by bombing Iran. None of the official authorized and approved
candidates, the only candidates being allowed to run, will go as far as I
want to go which is to pull out all our troops from the Middle East. Right
now, the top news item is battle to “liberate” Falluja from ISIS. The claim
is made that the people in Falluja are unable to escape. This is obviously
a falsification. The people who live in Falluja are Sunnis. The government
troops who are attacking Falluja are Shias. One man's “terrorist” is
another man's Freedom Fighter. The “Fight to Free Falluja” is a fraud. Once
again, the US Government is throwing its weight into a war that we have no
business being involved in.*
*22. Anybody who doubts my credentials can consult
https://en.wikipedia.org/wiki/Sam_Sloan
<https://en.wikipedia.org/wiki/Sam_Sloan> my Wikipedia Biography. I did not
write any part of that biography incidentally.*
*23. After filing this case and after my request for a temporary
restraining order was denied, I served the three named defendants with
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS in accordance
with Rule 4 and Rule 5 of the Federal Rules of Civil Procedure. I served
this notice on each of several different addresses for each of these
defendants. For example, I served Congresswoman Deborah Wasserman Schultz
who is also Chairwoman of the Democratic National Committee at both her
address in the House Office Building and at her address at the Democratic
National Committee.*
*24. In addition, I served the office of Stephen Hartzell of Brooks Pierce
as he was the attorney who represented them and who refused to allow me to
run my campaign ads.*
*25. Attached hereto are copies of the NOTICE OF A LAWSUIT AND REQUEST TO
WAIVE SERVICE OF A SUMMONS in accordance with Rule 4 and Rule 5 and a list
of names and addresses of defendants served.*
*26. Although all of the defendants have been served, they have chosen to
ignore this case obviously in view of the order denying my motion for a TRO
and the Report and Recommendation.*
*27. It is obvious that the report and recommendation is wrong and I intend
to appeal if it is confirmed. None of the decisions cited by the Report and
Recommendation involve issues such as the case here. For example, the
decision denying the right of a candidate to speak at a campaign event is
reasonable because there is simply not enough time to allow everybody to
speak for as long as he wants to speak. However, here, Bernie Sanders and
Hillary Clinton were spending millions of dollars running non-stop campaign
ads in the TV stations of Iowa and New Hampshire. Obviously, any candidate
who was not allowed to run paid advertising against them had no chance to
win. Surely, there would not have been any problem to allow Sloan and a few
other excluded candidates to run their paid ads too, paying the same rate.*
*28. The court notes that Communications Act 47 USC 315 requires federally
licensed broadcasters to provide all candidates running for public office
equal opportunity to utilize the broadcast station.*
*29. But then it states there is no private right of action. This is
nonsense. The statute states:*
*(a) Equal opportunities requirement; censorship prohibition; allowance of
station use; news appearances exception; public interest; public issues
discussion opportunities. If any licensee shall permit any person who is a
legally qualified candidate for any public office to use a broadcasting
station, he shall afford equal opportunities to all other such candidates
for that office in the use of such broadcasting station.*
*30. The Report and Recommendation suggests that the appropriate remedy was
to file with the Federal Communications Commission. However, agency
proceedings take months and years and are not appropriate for a case like
this. I happen to know about this because I once filed an agency proceeding
against the nefarious Securities and Exchange Commission. I won the case,
but it took me seven years from 1971 to 1978 to win it. SEC vs Samuel H.
Sloan, 436 US 103 (1978). Here the primary election was taking place the
same day and the general election will take place in November. There was no
time to wait.*
*31. It will be suggested that the election is over. Actually, it is not
over. There is a looming problem. Both of the approved candidates are
elderly and have medical problems. Anybody can look at the approved
candidates and see they are unlikely to survive a term of office. Deborah
Wasserman Schultz was the campaign manager for Hillary Clinton for
President. She resigned that position in order to become Chairwoman of the
Democratic National Committee. This was an obvious conflict of interest. It
was her decision to increase the requirements to run to force the other
candidates out and leave only two candidates left. As bad as the
Republicans are, none of them were forced out of the race by rules
decisions.*
*32. It seems probable that Deborah Wasserman Schultz allowed Bernie
Sanders to run because he was polling only 3% in the polls and she assumed
Hillary would make short work of him. She did not anticipate that all the
anti-Hillary votes would be thrown to Bernie Sanders and he would become a
serious threat.*
*WHEREFORE, for all of the reasons set forth above the Report and
Recommendation should be dismissed and judgment should be entered for
Plaintiff.*
*Sam Sloan*
*1664 Davidson Ave 1B*
*Bronx NY 10453*
*917-507-7226*
*917-659-3397*
*samhsloan@... <samhsloan@...>*
*STATE OF NEW YORK*
*COUNTY OF NEW YORK*
*VERIFICATION*
*Sam Sloan, being duly sworn, deposes and says that he is the plaintiff
herein, that he has read the foregoing petition and knows the contents
thereof that the same is true as to his own knowledge except as to those
matters alleged upon information and belief and as to those matters he
believes it to be true.*
* _____________________*
* Sam Sloan*
*Sworn to before me this 25th*
*day of May 2016 *
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