Defendant seeks remedy per his Reclamation of $100 Mil. Legal Tender in (Gold and or Silver) *31 U.S.

Code § 5118.Gold clauses and consent to sue.

Supporting Case Law Case No. 2:19 CV 1958 MCE CKD PS – Directly Related Case 4.
Defendant Noble BernisEarl McGill El Bey, respectfully declares Motion to Remove Proceedings due to
Defendant not being in the Jurisdiction of the State Court Proceedings due to his status as an
Indigenous Aborigine with the recognized Nation of Cherokee Moors / American Nationals, Registered
with the Library of Congress No. TXu-2-049-663. Tax Exemption# 002-049-663 5. Article 3 Section 2 All
cases that arise under the Constitution, the laws of the United States or its treaties.

All cases that affect American Ambassadors, public officials, and public consuls.

All cases of admiralty and maritime jurisdiction (cases that involve national waters).

All cases in which the United States is a party (when a state, a citizen or a foreign power sues the
national government).

All cases that involve one or more states, or the citizens of different states.

All cases between citizens of the same state who are claiming land under grants from other states.

Underlined portions were changed by the 11th Amendment, which states that the judicial power of the
United States does not allow a state to be sued by citizens of another state, or by citizens or subjects of
any foreign state.

a) Antiquitous Tribal Law- Reclamation of Antiquitous Status b) 1836 Treaty of Peace and
Friendship c) United States of America Constitution- Under Articles of Confederation,
Article 4 Clause 3- Article IV | U.S. Constitution | US Law | LII / Legal

Affidavit Page 3 of 5

d) Title 28 U.S.C. Sec. 1333 Federal Courts have Original Jurisdiction... That is where we the people
enforce law and find remedy !!! * 31 U.S. Code§ 5118.Gold clauses and consent to sue Travel
“Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings
of the courts and magistrates of every other State.” Section 3. The Congress shall have power to
dispose of and make all needful rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any
claims of the United States, or of any state. c-2) Rights of Indigenous Peoples- Article 34 c-3) Christy v.
Elliot, 216 I 131, 74 HE 1035, LRA NS 1905-1910: California v. Farley 98 CED Rpt. 89, 20 CA 3rd 1032
(1971)

6. State v. Johnson, 243 P. 1073, 60 C.J.S. section 94, page 58- “In view of this rule a statutory
provision that the supervising officials “may” exempt such persons when the transportation is not on a
commercial basis means that they “must” exempt them.”  Bank of Boston v. Jones, 4 UCC Rep. Serv,
1021, 236 A2d 484, UCC PP 9-109.14- “A vehicle not used for commercial activity is a “Consumer
goods”….it is NOT a type of vehicle required to be registered and “use tax” paid of which the tab is
evidence of receipt of the tax.”  Carlisle v United States 83 U>S> 147, 154 (1873)- Privileges = Slavery.
 .Kolender v. Lawson (461 US 352, 1983)- In which the United States Supreme Court ruled that a police
officer could not arrest a citizen merely for refusing to present identification.  Owen v.
Independence. 100 S.C.T. 1398, 445 US 622-“Officers of the court have no immunity when violating a
Constitutional right from liability. For they are deemed to know law!”  Shuttlesworth v. Birmingham-
“If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” 
Murdock v. Penn- “No state shall convert a liberty into a privilege, license it and attach a fee to it.” 
Ibid: gibbons v. Ogen 9 Wheat 1;5 Cond. Rep. 562 Re- read, particularly, Article 1 Section 8.1 and 9.1-“
Persons are not the subjects of commerce, and not being imported goods, they do not fall within the
meaning founded upon the constitution, of a power given to

Affidavit Page 4 of 5 congress, to regulate commerce, and the prohibition of the states for imposing a
duty on imported goods.  Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958)- “No state Legislator or
Executive or Judicial officer can war against the constitution without violating his undertaking to support
it.”  Miranda v. Arizona 384 US 436, 125- “Where Rights secured by the Constitution are involved
there can be no rule making , legislation which would aborgate them."  Miller v. Kansas 230 F 2nd 486,
489-“The claim and exercise of Constitutional rights cannot be converted into a crime.”  Mulger v.
Kansas 1213 US 623,659-60- Under the United States Republic’s Constitutional system of government
and upon the individuality and intelligence of the citizen, the state dies not claim to control one’s
conduct to others, leaving one the sole judge as to all that affect oneself. Marbury v. Madison, 5 US
137- “The Constitution of the United States is the Supreme law of the land. And any law that is
repugnant to the Constitution is null and void of law.” Sherer v. Cullen 481 F. 945-“For a crime to exist
there must be an injured party (Corpus Delicti). There can be no sanction or penalty imposed on one
because of this Constitutional Right.” Zeigler v. Railroad Co., 58 Ala. 599. “If any question of fact or
liability be conclusively presumed against him, this is not due process of law.” Brady v. U.S. 616-
“Waivers of Constitutional rights not only must they voluntary, the must be knowingly intelligent acts
done with sufficient awareness US v. Minker, 350 US 179- “Because of what appears to be a lawful
command on the surface, many citizens because of their respect for what only appears to be a law, are
cunningly coerced into waving their rights, due to ignorance.