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Court transcripts reveal
judge knows University Place fiasco was a financial scam and who the perps
Boise, ID – Following
are excerpts from the current lawsuit, Case # CV OC 0405740D, April 18,
2007, between Civic Partners v. University of Idaho Foundation, commonly
known as the University Place fiasco:
(In District Court 4,
Judge Hurlbutt presiding, they're talking about missing descriptions of
parking spaces in the Reconciliation Agreement in which Civic Partners and
the Boise Lawyers are trying to obtain another $18 million, $350,000 per year
for 30 years plus chump change...let's listen in, shall we?)
THE COURT: Well, maybe that's a problem
of entities like the University of Idaho Foundation involving itself in
complicated real estate deals that build a house of cards to accommodate
things like tax revenues that are not going to be paid. And the
position of the Foundation previously has been that the payments were to be
payments in lieu of taxes; that they were unconstitutional on the one hand,
which I have denied. It seems to me this argument with respect to
parking places is somewhat late in the game and is a significant change in
the Foundation's position.
MS. ANDRUS (UIF Attny): I acknowledge
it's a change. That doesn't mean it's wrong. We could be late
and right; I suggest that we are.
THE COURT: Well, the Foundation's
position in this transaction or series of transactions, at best, seems to
have been bumbling, at least from the standpoint of an outsider looking in.
What the Foundation, University, the County, CCDC, Civic Partners, various
attorneys, and public officials were thinking and trying to accomplish will
forever remain a mystery. (FM Duck: Not if you
read the book, Boise's Watergate: University Place & All The Governor's Men.
This shows the judge knows all the perps in the scam.)
Because in some respects, a number of people aren't talking or at least it's
not part of this record. To divine what was trying to be accomplished
is beyond the power of this court.
Duck: Really? ...more minor discussion...
THE COURT: If parking spaces were
material to their consideration in entering into the RA (Reconciliation
Agreement) -- and I'm -- I'm not sure it was anything other than to make it
look like they were getting something for their payments in lieu of taxes in
order to assuage somebody's sensibilities, but I'm not sure it was really
material. Because (FM Duck says: pay attention
here since the judge now reveals he knows the real reason for the $136
million Univ Place Fiasco) the whole
structure of this deal really had little to do with parking spaces; it had
everything to do with supporting the whole line of financing that was put in
place to make this project work.
The illegal temporary financing for which U of I VP Jerry Wallace already
pled guilty to criminal charges in May 2006 but all the other perps
MR. NICHOLS (UIF Attny): On the same
day they do an (Reconciliation) agreement they call agreement in connection
with the assignment and assumption of the Parcel 1 sublease. They do
it the same day.
THE COURT: Now, when you say "they,"
"they" is you.
MR. NICHOLS: "They" is Civic Partners
and the Foundation and the CCDC.
THE COURT: Right.
MR. NICHOLS: These are the three
THE COURT: So the "they" includes you.
It's a "we."
MR. NICHOLS: Yes. Yes.
THE COURT: So if this is crazy, we all
were crazy in putting this mess together.
Duck: note that the judge said the words "we all were crazy in putting
this mess together," in which it appears he is including himself with all
the other perps. Remember, it was members of the Idaho judicial system
in their fake non-profit corporation called The Friends of the Ada County
Judicial System, Inc. who initiated the unconstitutional fake lease-purchase
methodology for the Courthouse land that created the seed money for Civic
Partners' $136 million University Place fiasco. Is Judge Hurlbutt
confessing here or what?)
there's more... listen up... talking about transfer of non-defined parking
MR. NICHOLS (UIF Attny): ...If the
Foundation didn't transfer Unit 101 to ISBA (Idaho State Building
Authority), how did ISBA get it? How did ISBA get it? "It" is a
pronoun. The antecedent of "it" is the sublease to 101, and ISBA never
got "it." (FM Duck: This is like ex
President Clinton trying to define the word "is" during his impeachment
procedings.) ISBA never got a
sublease to Unit 101. This goes back to the intention of the word
"transfer." When they used the word "transfer," they thought there
would be either a sublease or assignment on one end; they also thought, on
the other end, ISBA would get a sublease. Isn't that what you get when
you get a "transfer" from a subleasee is a sublease? What did ISBA
get? ISBA got fee title. The Foundation could not convey or
transfer fee title to ISBA because the Foundation never had fee title.
So it -- so the ISBA never did get it from the Foundation. ...Let me
conclude, Your Honor, by saying that the Reconciliation Agreement is
incomplete. Because what it is, maybe, is an agreement to pay for an
unknown number of parking spaces in a sublease that doesn't exist.
Remember, the sublease didn't exist. And the sublease was a sublease
of a Parcel 1 sublease, which wasn't signed and was changed before it was
signed. And that was to be a sublease of a parking garage that wasn't
Duck: and here's the clincher...)
So an unknown number of spaces in a
nonexistent sublease of a sublease that wasn't signed for a part of a
parking garage that wasn't built. ...Do you have any questions?
THROAT II: Oh yoo-hoo. I have a question. When is US
Attorney Allan Garten going to indict the perps listed in Boise's Watergate
on RICO and federal criminal charges? -- DT II
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