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_Carroll;Mizell Petitioner CASE#CR11-O786
JUDGE STEVEN ELLIOT
THE STATE OF NAVADA Respondent FICTITIOUS PLAINTIFF RECONSIDERATION OF NEW EVIDENCE AND NEW INFORMATION JUDICIAL NOTICE: NOTICE TO THE ADMINISTRATIVE COURT. ALL COURTS ARE OPERATING UNDER: (1) TRADING WITH THE ENEMY ACT AS CODIFIED IN TITLE 50 USC; (2) TITLE 28 USC, CHAPTER 176, FEDERAL DEBT COLLECTION PROCEDURE; (3) FED.R.CIV.P. 4(j), UNDER TITLE 28 USC, §1608, MAKING THE COURTS “FOREIGN STATES” TO THE PEOPLE BY CONGRESSIONAL MANDATE & IN VIOLATION OF ADMINISTRATIVE PROCEDURE & JUDICIAL PROCEDURES,; (4) VIOLATION OF CONTRACTUAL OBLIGATION OF PARTIES SERVING FOR PAY UNDER PRIVATE CONTRACT TO "WE THE PEOPLE"; (5) CRIMINAL COMPLAINT & NOTICE OF FELONY; (6) TITLE 28 UNITED STATES CODE, SEC. 1652 , STATE LAWS AS RULES OF DECISION; (7) TITLE 1 UNITED STATES CODE,
SECTIONS 111, 112 & 112a; (8) TITLE 12, § 95b, RATIFICATION OF ACTS OF PRESIDENT AND SECRETARY OF THE TREASURY UNDER SECTION 95a. STATEMENT OF ISSUES
by: __Carroll;Mizell agent Third Party
ADMINISTRATIVE NOTICE :* *63C Am.Jur.2d, Public Officers and Employees, §247* “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer.  Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts.  That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves.  and owes a fiduciary duty to the public.  It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual.  Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See, United States v. Dial, 757 F.2d 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987)
Texas Penal Code Sec. 1.07. DEFINITIONS. (a) In this code: (9) "Coercion" means a threat, however communicated: (A) to commit an offense; (B) to inflict bodily injury in the future on the person threatened or another; (C) to accuse a person of any offense; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by force, threat, or fraud; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (D) given solely to detect the commission of an offense. (24) "Government" means: (A) the state; (B) a county, municipality, or political subdivision of the state; or (C) any branch or agency of the state, a county, municipality, or political subdivision. (30) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. (41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (B) a juror or grand juror; or (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or (D) an attorney at law or notary public when participating in the performance of a governmental function; or
INC. 686 F 2d 616. De Vito.2d 310 (1944).618 (7th Cir 1982) (“Con. Foreign State violations. v. See also Bowers vs. NEVADA. 20 Wn. or T. Administrative Procedures violations.N. THE UNITED STATES. 115 Wn2d at 669. or (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.N.I.. cited with approval in Berg v. COMES Carroll. it tells the state to let people alone.1987). Seavey Hop Corp. WASHOE. 147 P. Due Process violation.Mizell. INC. INC. Schaffrath vs Village of Buffalo Grove. AND NOT WHAT WAS INTENDED TO BE WRITTEN. OR CASE # CR11-0786 "IT IS THE DUTY OF THE COURT TO DECLARE THE MEANING OF WHAT IS WRITTEN. THE STATE OF. in violation of Constitutionally-Protected Rights.App. Re: Alphanumeric Code. Judicial Procedures violations. Title 42 2000d-7 NOW.513 N.I.1028 (1stDist.3d 999." J.. it does not require the federal government or the state to provide services”) Fourteenth Amendment citizens are listed under section 3 of the fourteenth and those under federal funded assistant programs to the state administrations.1003. E.stitution is a charter of negative liberties. .E. 2d 1026.2d 337.W. Hudesman. THE COUNTY OF. violations of the Trading with the Enemy Act and violations of the Federal Debt Collection Procedure under 28 USC chapter 176. Pollock.160 Ill. 348-49. Petitioner as of Right to challenge and set straight the jurisdiction of the Court on error of allegation / conviction by Plaintiff or Defendant.(E) a candidate for nomination or election to public office.
and within the Constitution. and not part of the original WRITTEN contract with We The People. The contract clearly states there is compensation for the services. both of the United States and of the several States. Federal and State funding and grants give allotment to all public offices. not only was judicial power restricted. This compensation is for “Honest Service” as per WRITTEN contract / trust / charter. Any other remuneration is dishonest service. No one can hold such a position of trust without meeting the qualifications as found in the Statutes at Large. Article VI clause 3: “The Senators and Representatives before mentioned. or whatever phrase that is used for the job position serving We The People. this becomes Honest Services fraud upon the people. and all executive and judicial Officers. to support this Constitution. The federal statutes also address pay allotment. When public offices sell their position for credit standing while receiving compensation from the people. but no religious Test shall ever be required as a Qualification to any Office or Public Trust under the United States. When the Eleventh Amendment was passed. When public officials use their public position to aid any other agency or department in order to enhance their own revenue. The Petitioner reminds the Court that Article III section 2 of the constitution addresses contract law. and the Members of the several State Legislatures. and then fail to get remedy. but the law of contract was similarly restricted and your offices now operate under common law / private contract to the people – commerce ‘condition to pay. Below are listed the foundations of public office.People Pay For Honest Service ISSUE ONE: PUBLIC OFFICIALS ARE UNDER CONTRACT AS PER THE CONSTITUTION AND STATUTORY LAW Those holding Public Office under the Constitution and Statutory Law have a WRITTEN contract with We The People. Any public official that receives funding in addition to their own compensation under the Constitution would be deemed to have overthrown a Constitutional form of government. Oaths of Offices.” In no place does the Constitution allow pay over and above the set compensation. shall be bound by Oath or Affirmation.’ Article I Section 6 clause 1 . this is fraud. this constitutes Honest Services fraud. When the people have provided compensation to the public officials and then are further charged for services which have already received compensation. and to receive federal or grant funding in addition to their pay violates Honest Service.
shall hold their offices during good behaviour. Oath of office An individual. do solemnly swear (or affirm) that I will support and defend the Constitution of the United States . be privileged from arrest during their attendance at the session of their respective Houses. no consideration paid for appointment An officer. within 30 days after the effective date of his appointment. at stated times. felony and breach of the peace. transferred. receive for their services. elected or appointed to an office of honor or profit in the civil service or uniformed services. or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment. and shall. TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II §3331. a compensation. and paid out of the treasury of the United States. or any of them. TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II §3332. TITLE 5 > PART III > Subpart D > CHAPTER 55 > SUBCHAPTER I §5507. Article III section 1 clause 1 The judicial power of the United States. they shall not be questioned in any other place. shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given. and for any speech or debate in either House. except the President. promised. They shall in all cases. a compensation. Article II section 1 clause 7 The President shall. shall take the following oath: “I. to be ascertained by law. which shall neither be increased nor diminished during the period for which he shall have been elected. receive for his services. AB. The judges. Officer affidavit. both of the supreme and inferior courts. shall be vested in one Supreme Court. Officer affidavit. condition to pay An officer required by section 3332 of this title to file an affidavit may not be paid until the affidavit has been filed.The Senators and Representatives shall receive a compensation for their services. and in going to and returning from the same. which shall not be diminished during their continuance in office. and in such inferior courts as the Congress may from time to time ordain and establish. except treason. and he shall not receive within that period any other emolument from the United States. at stated times.
or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II §3333. Employee affidavit. without any mental reservation or purpose of evasion. that I will bear true faith and allegiance to the same. and that I will well and faithfully discharge the duties of the office on which I am about to enter. loyalty and striking against the Government (a) Except as provided by subsection (b) of this section. This subsection does not relieve an individual from liability for violation of section 7311 of this title.” This section does not affect other oaths required by law. an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. against the Government of the United States or the government of the District of Columbia. foreign and domestic. that I take this obligation freely. (3) participates in a strike. TITLE 5 > PART III > Subpart F > CHAPTER 73 > SUBCHAPTER II §7311. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title. . (b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. Loyalty and striking An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government. or asserts the right to strike. (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government. So help me God.against all enemies.
TITLE 18 > PART I > CHAPTER 63 §1346. in a State. immunity. any insurrection. or refuse to protect that right. shall take such measures as he considers necessary to suppress. or protection named in the Constitution and secured by law. Definition of “scheme or artifice to defraud” For the purposes of this chapter. and the constituted authorities of that State are unable. or both. privilege. domestic violence. by using the militia or the armed forces. against the Government of the United States or the government of the District of Columbia.TITLE 18 > PART I > CHAPTER 93 > §1918. shall be fined under this title or imprisoned not more than one year and a day. (3) participates in a strike. or both. or by any other means. that any part or class of its people is deprived of a right. TITLE 10 > Subtitle A > PART I > CHAPTER 15 §333. or to give that protection. (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government. if it— (1) so hinders the execution of the laws of that State. or . or conspiracy. or immunity. Disloyalty and asserting the right to strike against the Government Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government. Interference with State and Federal law The President. privilege. or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts them right to strike against the Government of the United States or the government of the District of Columbia. fail. unlawful combination. and of the United States within the State. the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services. or asserts the right to strike.
00 Landlord/Tenant entry $ 100. $5001 to $7500 (including set-off. Court fees (I) Fees (A) Original Entries: Civil Writ of Summons or Counterclaim (including set-off. crossclaims and third-party claims) $ 130.00 (B) General and Miscellaneous Motion for Periodic Payments $ 25.00 Petition for Ex Parte Attachment.00 Petition to annul criminal record $ 100. or Writ of Trustee Process $ 25.00 Small Claims Entry and Counterclaim. recoupment. EXAMPLE OF STATE FEES: RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE CIVIL RULES Rule 3.(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.00 Original writ $ 1.00 Writ of Execution $ 25. recoupment.00 Application to Appear Pro Hac Vice $ 225. cross-claims and third-party claims) $ 127. In any situation covered by clause (1). $5000 or less (including set-off.00 . the State shall be considered to have denied the equal protection of the laws secured by the Constitution. cross-claims and third-party claims) $72. recoupment.00 Registration of Foreign Judgment $ 150.00 Reissued Orders of Notice $ 25.00 Small Claims Entry and Counterclaim.00 Small Claims Transfer Fee $ 108.3.00 Replevin $ 120.
100 . except for the following types of cases which pursuant to RSA 490:26-a.100 Speaker of the House of Representatives 198. if available.50/page Computer Screen Printout $ .700 180. Salaries of Federal Officials Position Jan. II.600 203.100 President Pro Tempore of the Senate 171. 2005 Legislative Branch Vice President of the United States (President of the Senate) $198. Additional names will be assessed $5 per name.000 208. (B) The Clerk may waive the records research fee when a request for record information is made by a member of the media consistent with the public's right to access court records under the New Hampshire Constitution. Record information must be requested in writing and include the individual's full name and. II(b) are exempt from the surcharge: (III) Records Research Fees (A) Records Research Fees.900 175.900 175.000 $208. 2004 Jan.700 180. the sum of $25.100 Majority and Minority Leaders — House and Senate 171. A fee of $20 per name will be assessed per name for up to 5 names.00 Certified Copies $ 5.00 All copied material (except transcripts) $ .600 $203. if available.00 shall be added to each civil filing fee set forth in paragraph (I)(A) above. the individual's date of birth. the individual's date of birth. 2003 Jan. FEDERAL OFFICIALS Table 1.50/page (II) Surcharge Pursuant to RSA 490:26-a. Record information must be requested in writing and include the individual's full name and.00 Exemplification of Judgment $ 25.(C) Certificates & Copies Certificate of Judgment $ 10.
100 162.100 Judicial Branch Chief Justice of the United States $198.700 158.400 Clerk of Court .200 131.500 145.300 Level V: Administrators. Tax Court of the United States 154. Resident Commissioner of Puerto Rico.100 162.100 162. United States Court of Federal Claims 154.500 149.100 Level II: Deputy secretaries of departments. United States Court of International Trade 154.100 162.100 Judges. U.100 Bankruptcy Judges 142.200 Judges.700 158.100 Level III: Under secretaries of departments & heads of middle-level agencies 142. directors. U.700 158.100 Judges.Senators.S.100 162.500 149.000 $208. members of certain boards & commissions 134.100 Associate Justices of the Supreme Court 190.300 199.S.100 162.700 158. Courts of Appeal 164. and Delegates 154. Court of Appeals for Veterans Claims 154.800 Judges.800 Judges.700 158.600 171.000 $400.100 Judges. & members of boards.000 $400.100 162. Court of Appeals for the Armed Services 164. U.000 167. commissioners.000 136.700 158. secretaries of military departments.200 Level IV: Assistant secretaries & general counsels of departments.300 145. & heads of major agencies 154.600 149. U. Representatives.S.S.600 $203. heads of minor agencies.000 Executive Schedule Level I: Cabinet-level officials $171. commissions. District Courts 154.600 171.300 145.100 194.132 Magistrate Judges 142.132 Executive Branch President of the United States a $400.400 128. or units of agencies 125.000 167.100 Judges.900 $175.700 158.700 $180.900 140.
Portland OR. (2009) CLERK OF THE SUPREME COURT: New Jersey Judiciary.$103. Pasadena. (2009) CLERK OF THE COURT: District Court of Oregon.$174. Salary: $142. NJ. Eastern District of California. NY. ND. Fargo. CLERK OF COURT: United States Bankruptcy Court. Salary: $156. LA.678 monthly starting salary with an increase to $4. COURT CLERK 1: Second Judicial District Court.821. Boise.566 . Supreme Court of NJ.783 . Salary: $35.644 .389 (2009). Ewing. Bankruptcy Appellate Panel. Human Resource Division.S.161-$48. $105. OH.$74. Northern District of Ohio.566 . Administration Division. (2009) . Los Angeles. Central District of California.010 $137. New Orleans. CA. CASE INITIATION CLERK: Eleventh Circuit. Sacramento. Idaho.$137.900 (2009).424. CLERK OF COURT: United States Court of Appeals.577 (2010). CA. NV. District of Idaho. CLERK OF DISTRICT COURT II: North Dakota Court System.112/annually DOE.000 (2010).$174. ASSISTANT CLERK OF COURT: Office of Court Administration.242. Atlanta. Second Judicial District Court.533 .258 . California. AOC. Nevada. Salary: $150. (2009) CLERICAL ASSISTANT: Office of Attorney Ethics. Salary: $26. Eleventh Circuit. Fifth Circuit. Salary: $4. Reno. (2009) DEPUTY COURT EXECUTIVE OFFICER 2: Bernalillo County Metropolitan Court.854.332 .267 – 171. United States Court of Appeals. Manhattan.000 (2010). (2009).$163.242. Salary: $71. Southern District of New York. NM.734 .CLERK OF COURT: United States District Court.$162.614 . (2009) RECORDS CLERK: United States District Court. 9th Circuit. Salary: $174.$55. Albuquerque.$137. CLERK OF COURT: United States Bankruptcy Court. (2009) CLERK OF COURT: U.545. CLERK OF COURT: United States Court of Appeals. GA.000 (2009). CLERK OF THE COURT: United States District and Bankruptcy Court. Cleveland. Salary: $31.871 monthly upon successful completion of probationary period (2009).784. Salary: $158. NJ. Salary: $59.$51. Salary: $167. New York City. Atlanta GA. Salary: $105.290 . Salary: $18.. Salary: $104. Washoe County.00/hour.
664.200 (2007) STAFF ATTORNEY (Trial Court Law Clerk): Salary: $43.349-$149. Salary: $154. Salt Lake City. Bankruptcy Court.$4.S. Milwaukee.. Salary: $4.494 .. Salary: $50.403. Washoe County. Salary: $126.218 (2007) CLERK OF COURT III: Salida. WA.678 monthly. Alaska.999 (2008) CLERK OF CIRCUIT COURT: Circuit Court.$157.818.S.. Fargo. Wisconsin. (work in Reno. Northern District of Alabama. Salary: $111.00 monthly.92 per hour.S.S. rectly to the Presiding Judge. Salary: $3.500 (2008) CLERK OF THE BANKRUPTCY COURT: United States Bankruptcy Court. Eau Clair County. Milwaukee. WI.06 – $24.. WI. (2008) CLERK OF COURT: U. Salary: $141.618 .. (2006) CLERK OF THE COURT IV: Anchorage. Bankruptcy Court. Eastern District of Wisconsin.CLERK OF THE DISTRICT COURT II: North Dakota Court System. Salary: $109. CO. AZ. District Court...$153. (2008) CLERK OF THE SUPREME JUDICIAL COURT: State of Maine Judicial Branch. Nevada) Salary: $80. (2007) COUNTY CLERK: Whatcom County.450 .172 . Grand Rapids.533-$65.. County of Sacramento. Salary: $111. Eastern District of New York. TSalary: $59.685 .500 .$158. ND. (2007) CLERK OF COURT: United States Bankruptcy Court.$149.600 . (2009) CLERK OF THE BANKRUPTCY COURT: Eastern District of Wisconsin. Eastern District of Wisconsin.. Salary: $5. District Court for the Western District of Michigan. Perform other duties as assigned by the ACA or Presiding Judge. UT.683 / Month.168.349 . Portland. U. Salary: Commensurate with experience. Bellingham. Phoenix.$60.162.. (2006) CLERK OF THE COURT: U.$165.637. Salary: $20..978.122 $124.$93. (2006) COURT EXECUTIVE OFFICER: Superior Court of California. (2006) . ME.651 (2008) CLERK OF COURT: United States Bankruptcy Court. (2006) CLERK OF COURT: U. Salary: $67. District of Arizona. .978.40 (2007) DISTRICT COURT ADMINISTRATOR/CLERK OF THE COURT: Second Judicial District Court.$150.422 . Salary: $138. (2007) CLERK OF THE COURT II: Second District Juvenile Court.
$162.Chief Deputy Clerk of Court CHIEF DEPUTY CLERK: United States Court of Appeals. B.085 .600 Classification and Wage Compensation Plan A. John District. Eleventh Circuit. CHIEF DEPUTY CLERK (TYPE II): United States Bankruptcy Court. Following promotions.600 to $108. positions and classification levels can be added or adjusted. department heads are responsible for ensuring that the duties and responsibilities of the promoted employee are consistent with the employee's new position title and job description. Once evaluated. Atlanta. responsibilities.383 .733 (2010). Salary: $93. The Human Resources Department has the ultimate responsibility for the administration of the Plan consistent with the policies established by the Chief Justice for Administration . Salary: $139. Thomas and St. .978 .$101. WA. Qualifications: Applicants must possess a minimum of six years of progressively responsible managerial or administrative experience. Department heads are encouraged to contact the Human Resources Department before changing an employee's duties and responsibilities to see if an adjustment in position classification is appropriate. Seattle. and qualifications required for each position. Croix. Thomas-St. Responsibilities Department heads are responsible for maintaining the correct classification of their employees at all times. The Plan and its methodology are flexible and can respond to the operational needs of the Trial Court. Salary: $62.. This methodology allows for the evaluation of positions on the basis of such things as duties. The Plan The Chief Justice for Administration and Management has established a system-wide position Classification and Wage Compensation Plan (Plan) in which positions have corresponding job descriptions and are evaluated and classified according to objective criteria using a weighted factor point methodology.$165. positions are then classified into compensation levels with corresponding salary ranges based upon the total of the weighted factor points.300 (2010). Virgin Islands. GA. St. preferably in an appellate or federal court environment. Salary: $59. Western District of Washington. DEPUTY DIRECTOR FOR CLERK OF SUPERIOR COURT: Maricopa County.. St.160 (2009). three of which must have involved extensive management responsibility.900 (2009). Within this framework. Massachusetts Court 4. CHIEF DEPUTY CLERK: Superior Court of the Virgin Islands. AZ.
bonus. Limitation on certain payments 1) Except as otherwise permitted by or under law. The procedures of this section may be subject to other requirements as set forth from time to time by the Chief Justice for Administration and Management. or judicial branch of the Government of the United States (including a Government corporation and a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia. executive. TITLE 5 > PART III > Subpart D > CHAPTER 53 > SUBCHAPTER I § 5306. Definitions For the purpose of section 5533 of this title— (1) “member” has the meaning given such term by section 101 (23) of title 37. in the legislative. (2) “position” means a civilian office or position (including a temporary. TITLE 5 > PART III > Subpart D > CHAPTER 55 > SUBCHAPTER IV § 5531. appointive or elective. or intermittent position). differential. and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia.and Management. or to the extent that. executive. part-time. or as otherwise provided under subsection (d). TITLE 5 > PART III > Subpart D > CHAPTER 53 > SUBCHAPTER I § 5307. whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter. no allowance. award. Pay fixed by administrative action (A) employees in the legislative. when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies). TITLE 5 > PART III > Subpart D > CHAPTER 53 > SUBCHAPTER VII TITLE 5 > PART III > Subpart B > CHAPTER 31 > SUBCHAPTER I > § 3105 . or other similar cash payment under this title may be paid to an employee in a calendar year if. such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule. as of the end of such calendar year.
Administrative law judges shall be assigned to cases in rotation so far as practicable. or covered by. an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday). Appointment of administrative law judges Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. and may not perform duties inconsistent with their duties and responsibilities as administrative law judges. respectively). except when the President determines that the report and publication would be contrary to the interest of national security. and 3. § 5372. The head of the agency concerned shall report each action taken under this section to the Office of Personnel Management and publish a notice thereof in the Federal Register. TITLE 5 > PART III > Subpart D > CHAPTER 53 > SUBCHAPTER VII § 5374. 422). Administrative law judges (A) There shall be 3 levels of basic pay for administrative law judges (designated as AL– 1. which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter. (c). and (d) of this section. the level in which each administrativelaw-judge position shall be placed and the qualifications to be required for appointment to each level. in accordance with procedures which the Office shall by regulation prescribe. a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. (2) The Office of Personnel Management shall determine.§ 3105. TITLE 5 > PART III > Subpart D > CHAPTER 55 > SUBCHAPTER IV § 5533.500 or more under special provision of statute enacted before August 14. 2. Dual pay from more than one position. 1964. Miscellaneous positions in the executive branch The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in. . exceptions (a) Except as provided by subsections (b). at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. limitations. and each such judge shall be paid at 1 of those levels. in accordance with the provisions of this section. or other position in the executive branch for which the annual pay is fixed at a rate of $18.
(4) “financial interest” means ownership of a legal or equitable interest. TITLE 5 > PART III > Subpart D > CHAPTER 55 > SUBCHAPTER IV § 5535. TITLE 28 > PART I > CHAPTER 21 § 455. TITLE 5 > PART III > Subpart D > CHAPTER 55 > SUBCHAPTER IV § 5536. Extra pay for extra services prohibited An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty. and guardian. may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained. or other active participant in the affairs of a party. Extra pay for details prohibited (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345–3347 of this title.(b) Except as otherwise provided by subsection (c) of this section. (b) An employee may not receive— (1) additional pay or allowances for performing the duties of another employee. (3) “fiduciary” includes such relationships as executor. or (2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment. the Office of Personnel Management. administrator. except that: . however small. or a relationship as director. trustee. This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment. judge. or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance. adviser. Disqualification of justice. judge. or magistrate judge (a)Any justice. subject to the supervision and control of the President.
BOP also provides work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens and reduce the likelihood of recidivism.000. violent crime. The FY 2010 Budget provides funding for an average daily detention population of nearly 61. and other major crimes. U.or community-based facilities. humane. immigration offenses. increases detention bed space in the Southwest Border region.000 inmates in FY 2009.S. drug crime. The BOP operates 114 federal prisons and contracts for low security prison beds to confine approximately 205. BOP and OFDT continue to protect society by confining offenders in the controlled the environments of prisons and contract. Department of Justice FY 2010 Budget Request PRISONS AND DETENTION + $386 million in Enhancements FY 2010 Overview The FY 2010 Budget provides $6.1 billion for the Bureau of Prisons (BOP) and $1. as does the number of individuals ordered detained and ultimately incarcerated. As a result of successful law enforcement policies targeting terrorism. and appropriately secure. BOP and OFDT have limited flexibility in how they perform these important tasks as their activities are primarily governed by statue. The budget includes $386 million in program increases for BOP and OFDT. and provides for prisoner transportation and medical costs. BOP projects that the federal prison population will increase by .(i) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in such securities unless the judge participates in the management of the fund. the number of criminal suspects appearing in federal court continues to grow at a rapid pace.4 billion for the Office of the Federal Detention Trustee (OFDT) to ensure that sentenced criminals and detainees are housed in facilities that are safe. costefficient.
Bureau of Prisons (BOP): $243 million The BOP ensures that sentenced criminals are removed from society and housed in prisons and community-based facilities that are safe.6 million for increased BOP correctional officer staffing to effectively manage the growing inmate population at BOP institutions. WV (1. It also provides for medical care and other operational increases.152 Beds) and FCI McDowell. operating the crowded Federal Prison System without commensurate personnel increases has placed severe demands on existing staff. and committed to the highest level of performance.280 Beds): $102. and over 1. BOP adheres to core values.approximately 4. There are no current services for this initiative. the FY 2010 budget also expands federal prison capacity by funding the build-out and activation of two new medium security prisons (over 2. endangering life and property. When fully operational. 88 percent of the authorized correctional officer positions are filled.000 new contract beds ($27 million) and to pay for inflationary increases built into existing contracts ($26. Insufficient staffing levels can seriously compromise the security of our federal prisons. • BOP Staffing Increase: $70. CA (1. BOP staff are correctional workers first. Current services for all of BOP staffing funded by the Salaries and Expenses appropriation is $3.6 billion. However. humane. which include correctional excellence. Therefore.500 in FY 2010. This enhancement funds constructive program opportunities for federal offenders.000 additional correctional workers to help manage the larger inmate population.400 inmates.4 million to procure 1. cost-efficient. contract bed space. An appropriately trained and equipped staff is one of the primary means of accomplishing this task.1 million and 737 positions (350 correctional officers) to begin the process of equipping and staffing newly constructed prisons. and appropriately secure. 1 • Activation of FCI Mendota. promoting an atmosphere conducive to positive change while they are incarcerated and better transition upon release.4 . these medium security facilities will house approximately 2.400 prison beds). • New and Existing Contract Beds: $53. Currently.
This includes $371. Current services for contract beds is $798 million. in many areas of the country. In addition. Recently. Medical and Transportation: $98. • Southwest Border and Immigration Enforcement: $44. district courts during FY 2010. Current service resources are $928. • Detainee Housing.575.000 offenders apprehended by DHS and processed by USMS. which has resulted in premium prices for existing beds.7 million) needed to operate 115 federal institutions that are expected to house 171.7 million to pay for inflationary increases in medical costs ($16. Consequently.524 offenders in FY 2010.6 million is provided in the budget to ensure that OFDT is able to pay for the housing. .1 million Office of Federal Detention Trustee (OFDT): $143.700 per inmate annually for medical costs. medical.S. (Note that the funding for medical costs for the inmates that will be housed in the two prisons that will be activated in FY 2010 is included in the $102. This program increase is to accommodate the increased housing requirement for criminal aliens apprehended along the southwest border and prosecuted in U.2 million OFDT is responsible for providing secure detention space to individuals who have been arrested and await final disposition of their cases.6 million is provided for costs associated with prisoner detention and care for Southwest Border prosecutorial initiatives.7 million. Current services for this initiative is 366. OFDT is forced to pay an expensive premium in order to retain the beds for anticipated growth. The FY 2010 request provides full year funding for the 1.million).000 to support increased human capital needs for office operations. It will support detention housing for 7.000 contract beds.7 million. and transportation costs for its detainee population. The FY 2010 President’s Budget will support the anticipated average daily detainee population of 60. bed space is scarce. On average in FY 2009. BOP will expend more than $2. contract confinement costs have been increasing at a considerable rate. • Medical Increases: $16.
Medical.280 beds) (11/2009) BOP Staffing Increase Contract Beds and Contract Bed Wage and Price Increase Medical Increases Office of Federal Detention Trustee Detainee Housing.227 $98. WV (1. New Investments Positions Correction Officers 350 Amount 737 $242.New Investment Summary (Amount in $000) Bureau/Initiati ve Bureau of Prisons Activation of FCI Mendota.384 $16. CA (1.984 .648 4 $44.685 4 $143.152 beds) (2/2010) and FCI McDowell.568 $53. and Transportation Southwest Border and Immigration Enforcement Grand Total.579 741 350 $385.120 $70.757 737 350 $102.
and an estimate of the amount of obligations that will be so issued in the following fiscal year. is a governmentowned corporation that employs offenders incarcerated in correctional facilities under the .Crimes and Criminal Procedure – 18 USC Sec. TITLE 18 > PART III > CHAPTER 307 § 4127 Prison Industries report to Congress The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year. but not for sale to the public in competition with private enterprise. Inc. a government corporation of the District of Columbia. the trade name for Federal Prison Industries.18 USC Sec. appointed by the President to serve at the will of the President without compensation. 4122. Federal Prison Industries Summary UNICOR. Administration of Federal Prison Industries (a) Federal Prison Industries shall determine in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions for the production of commodities for consumption in such institutions or for sale to the departments or agencies of the United States. and on the condition of its funds during such fiscal year. (FPI). Federal Prison Industries. 4121. Such report shall include a statement of the amount of obligations issued under section 4129 (a)(1) during such fiscal year. board of directors "Federal Prison Industries". shall be administered by a board of six directors. Crimes and Criminal Procedure .
Of the eligible inmates held in federal prisons. Congress passed legislation that modified FPI’s mandatory source clause with respect to procurements made by the Department of Defense and the Central Intelligence Agency (CIA). Congress passed legislation limiting funds appropriated for FY2004 to be used by federal agencies for the purchase of products or services manufactured by FPI under certain circumstances. Going beyond the Administration’s efforts. In recent years. and rehabilitating inmates in the federal prison system through employment in one of its industries. UNICOR uses the revenue it generates to purchase raw material and equipment. and 6% go toward inmate salaries. For example. UNICOR manufactures products and provides services that are sold to executive agencies in the federal government.720 or 18% are employed by UNICOR. By statute. 2003. Congress has taken legislative action to lessen the adverse impact FPI has caused on small businesses. in 2002. pay wages to inmates and staff. FPI was created to serve as a means for managing. UNICOR must be economically self-sustaining. Of the revenues generated by FPI’s products and services. FPI generated $765 million in sales. It is this “mandatory source clause” that has drawn controversy over the years and is the subject of current legislation. While federal agencies are not required to procure services provided by UNICOR they are encouraged to do so. in 2004. and invest in expansion of its facilities. particularly small businesses. in the federal market has been and continues to be an issue of debate. to procure products offered by UNICOR. The question of whether UNICOR is unfairly competing with private businesses.Federal Bureau of Prisons (BOP). Legislation introduced in the 110th Congress would address many of the . In FY2005. At the core of the debate is UNICOR’s preferential treatment over the private sector. unless authorized by UNICOR to solicit bids from the private sector. The debate has been affected by tensions between competing interests that represent two social goods — the employment and rehabilitation of offenders and the need to protect jobs of law abiding citizens. approximately 74% go toward the purchase of raw material and equipment. 19. training. and 2004. thus it does not receive funding through congressional appropriations. the Administration has made several efforts to mitigate the competitive advantage UNICOR has over the private sector. UNICOR’s enabling legislation and the Federal Acquisition Regulation require federal agencies. with the exception of the Department of Defense (DOD). 20% go toward staff salaries.
Inmates earn from $0. Under BOP’s Inmate Financial Responsibility Program. S. approximately 77% go toward the purchase of raw material and equipment. all inmates who have court ordered financial obligations must use at least 50% of their FPI income to satisfy those debts. 18% go toward staff salaries.17 UNICOR uses the revenue it generates to purchase raw material and equipment. As the federal prison system was established in the first decade of the 20th century. and S. factories were constructed within the prisons to manufacture products needed by the federal government. This report will be updated as warranted. depending on their proficiency and educational level. Labor organizations had been making arguments against prison industries since the late 1800s due to the poor conditions in which inmates were working and their perception that the industries were taking jobs away from law abiding citizens. pay wages to inmates and staff. Like legislation in the 109th Congress. which accounted for $2. UNICOR was established in 1934 under an executive order issued by President Franklin Delano Roosevelt.” UNICOR is economically self-sustaining and does not receive funding through congressional appropriations.9 The purpose of UNICOR was to consolidate the operations of all federal prison industries in order to provide training opportunities for inmates and “diversify the production of prison shops so that no individual industry would be substantially affected. 28 CFR 42. among other things. The Depression of the 1930s and the resulting high levels of unemployment crystalized the debate. the rest may be retained by the inmate.23 per hour up to a maximum of $1. Of the revenues generated by FPI’s products and services. FPI generated $718 million in sales. In FY2006. 1547. and invest in expansion of its facilities.15 per hour. and 5% go toward inmate salaries.same issues as legislation in the 109th Congress.7 million in FY2005. 1407. S. 1548. would eliminate the requirement that some or all executive agencies purchase products or services from FPI in most cases.201 . legislation introduced in the 110th Congress.
be denied the benefits of.S. or the Bureau of Justice Statistics. be subjected to discrimination under. 42 U. et seq. color. 3789d(c). or be denied employment in connection with any program or activity funded in whole or in part with funds made available under either the Justice System Improvement Act or the Juvenile Justice Act by the Law Enforcement Assistance Administration.C.S. and title IX of the Education Amendments of 1972.TITLE 28--JUDICIAL ADMINISTRATION CHAPTER I--DEPARTMENT OF JUSTICE PART 42--NONDISCRIMINATION. EQUAL EMPLOYMENT OPPORTUNITY. sex.C. which requires all Federal agencies awarding financial assistance to take certain steps to advance women's business enterprise. ISSUE TWO: CURE FOR CONTRACTUAL VIOLATION The Petitioner sets forth the cure for contractual violation against the party that made the contract with the people and that hold such public office as found under the . the National Institute of Justice. 1681. POLICIES AND PROCEDURES Subpart D--Nondiscrimination in Federally Assisted Programs-Implementation of Section 815(c)(1) of the Justice System Improvement Act of 1979 [[Page 695]] 815(c) of the Justice System Improvement Act of 1979 (42 U. or religion be excluded from participation in. These regulations also implement Executive Order 12138. national origin.. 20 U. title VI of the Civil Rights Act of 1964. to the end that no person in any State shall on the ground of race.S.C. 2000d.
but all such debts. obligations and claims shall be held illegal and void. Section 4: “The validity of the public debt of the United States. the Petitioner will then instead claim a $1500 dollar sweat equity fee for appearance and $250 per hour or any part of an hour spent thereafter. shall not be questioned. Section 4 allows for the collection of public debt under bounty. promulgated. section 3. rules. orders and proclamations heretofore or hereafter taken. made.UNITED STATES Constitution Fourteenth Amendment. authorized by law. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States. or issued by the President of the United States or the Secretary . If no such agreement can be reached and an error was made by said parties. including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion.” The Petitioner sets forth such a bounty in the amount of $150 million dollars plus any amount of public debt accrued by the private party(s) in such a contractual agreement at such agreed time and place to settle the matter of the ‘condition to pay’ clause in order to hold such public office under section 3 of the 14th amendment. or any claim for the loss or emancipation of any slave. Such public debt shall then be paid to the Petitioner upon the conclusion of such agreement by the party(s) at the time and place specified. regulations. licenses. ISSUE THREE: STATE OF EMERGENCY 12 USC 95B Ratification of acts of President and Secretary of the Treasury under section 95a The actions.
drafts. 372. or direction issued hereunder. or gold certificates. They shall be redeemed in lawful money on demand at the Treasury Department of the United States. or 373 of this title. regulation. and other public dues. In no event shall such collateral security be . in the city of Washington. assignment. or any obligations which are direct obligations of. to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose. are authorized. or as otherwise directed. TITLE 12 > CHAPTER 3 > SUBCHAPTER XII > § 411 § 411. or assets that Federal Reserve banks may purchase or hold under sections 348a and 353 to 359 of this title or any other asset of a Federal Reserve bank. redemption Federal reserve notes. this section. or any rule. Application for notes. are approved and confirmed. instruction. or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. or in pursuance of and in reliance on. bills of exchange. regulation. or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of sections 348a and 353 to 359 of this title. instruction. or delivery of property or interest therein. The collateral security thus offered shall be notes. 349 to 352. the United States or any agency thereof. collateral required Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. pursuant to this section or any rule. transfer. 361. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. nature of obligation. or acceptances acquired under section 92. 342 to 348. 1933.of the Treasury since March 4. conveyance. Issuance to reserve banks. pursuant to the authority conferred by section 95a of this title. customs. or at any Federal Reserve bank. made to or for the account of the United States. and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of. or are fully guaranteed as to principal and interest by. 95 a (2) Any payment. TITLE 12 > CHAPTER 3 > SUBCHAPTER XII > § 412 § 412. or Special Drawing Right certificates. District of Columbia. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes. or bankers’ acceptances purchased under the provisions of said sections 348a and 353 to 359 of this title.
less than the amount of Federal Reserve notes applied for. . to be held by such Board subject to his order. The Federal Reserve agent shall each day notify the Board of Governors of the Federal Reserve System of all issues and withdrawals of Federal Reserve notes to and by the Federal Reserve bank to which he is accredited. and lawful money issued to or deposited with any Federal Reserve agent under the provisions of the Federal Reserve Act shall hereafter be held for such agent. TITLE 12 > CHAPTER 3 > SUBCHAPTER XII > § 414 § 414. shall be construed to prohibit a Federal Reserve agent from depositing gold certificates and Special Drawing Right certificates with the Board of Governors of the Federal Reserve System. lien The Board of Governors of the Federal Reserve System shall have the right. Federal Reserve notes issued to any such bank shall. Such agent and such Federal Reserve bank shall be jointly liable for the safekeeping of such Federal Reserve notes. together with such notes of such Federal Reserve bank as may be issued under subchapter XIII of this chapter upon security of United States 2 per centum Government bonds. Special Drawing Right certificates. gold certificates. or are otherwise held by or on behalf of. The said Board of Governors of the Federal Reserve System may at any time call upon a Federal Reserve bank for additional security to protect the Federal Reserve notes issued to it. or to reject entirely the application of any Federal Reserve bank for Federal Reserve notes. however. Authority of Board of Governors respecting issuance of notes. interest. upon delivery. and such bank shall be charged with the amount of the notes issued to it and shall pay such rate of interest as may be established by the Board of Governors of the Federal Reserve system on only that amount of such notes which equals the total amount of its outstanding Federal Reserve notes less the amount of gold certificates held by the Federal Reserve agent as collateral security. Federal Reserve banks. or with the Treasurer of the United States for the purposes authorized by law. in the joint custody of himself and the Federal Reserve bank to which he is accredited. Custody and safe-keeping of notes issued to and collateral deposited with Reserve agent All Federal Reserve notes and all gold certificates. and lawful money. Special Drawing Right certificates. through its local Federal Reserve agent. TITLE 12 > CHAPTER 3 > SUBCHAPTER XII > § 417 § 417. Collateral shall not be required for Federal Reserve notes which are held in the vaults of. Nothing herein contained. under such rules and regulations as the Board of Governors of the Federal Reserve System may prescribe. become a first and paramount lien on all the assets of such bank. to grant in whole or in part. but to the extent that such application may be granted the Board of Governors of the Federal Reserve System shall. supply Federal Reserve notes to the banks so applying. acting through the Federal Reserve agent.
1933 (ch. Repeals as evidence of prior effectiveness No inference shall be raised by the enactment of the Act of March 3. international agreements other than treaties. the contents of the volume for the next regular session. and published. contents. treaties. the Archivist of the United States shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with. In the event of an extra session of Congress. the several States. and the Territories and insular possessions of the United States. TITLE 1 > CHAPTER 2 > § 111 § 111. TITLE 1 > CHAPTER 2 > § 112 § 112. That any rights or liabilities existing under such repealed sections shall not be affected by their repeal. in all the courts of the United States. proclamations by the President. and published as part of. in cases where they apply. 202. and proposed or ratified amendments to the Constitution of the United States therein contained.ISSUE FOUR: 28 USC JUDICIARY & JUDICIAL PROCEDURE TITLE 28 > PART V > CHAPTER 111 > § 1652 § 1652. edited. State laws as rules of decision The laws of the several states. The United States Statutes at Large shall be legal evidence of laws. contents. shall be regarded as rules of decision in civil actions in the courts of the United States. however. together with the certificate of the Archivist of the United States issued in compliance with the provision contained in section 106b of this title. the United States Statutes at Large. which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress. concurrent resolutions. admissibility in evidence . 47 Stat. TITLE 1 > CHAPTER 2 > § 112a § 112a. that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided. admissibility in evidence The Archivist of the United States shall cause to be compiled. Statutes at Large. and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date. except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide. indexed. United States Treaties and Other International Agreements. 1431). all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding.
in all the courts of the United States. (3) rule on offers of proof and receive relevant evidence. presiding employees. or (3) one or more administrative law judges appointed under section 3105 of this title. The functions of presiding employees and of employees participating in decisions in accordance with section 557 of this title shall be conducted in an impartial manner. record as basis of decision (a) This section applies. and the Territories and insular possessions of the United States. indexed. therein contained. according to the provisions thereof. This subchapter does not supersede the conduct of specified classes of proceedings.(a) The Secretary of State shall cause to be compiled. PROOF OF JURISDICTION The Court must prove on the record. beginning as of January 1. by or before boards or other employees specially provided for by or designated under statute. a compilation entitled “United States Treaties and Other International Agreements. TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 556 § 556. Hearings. (2) issue subpenas authorized by law. burden of proof. all jurisdiction facts related to the jurisdiction asserted. A presiding or participating employee may at any time disqualify himself. proclaimed. . (4) take depositions or have depositions taken when the ends of justice would be served. (2) one or more members of the body which comprises the agency. to hearings required by section 553 or 554 of this title to be conducted in accordance with this section. edited. international agreements other than treaties. and all international agreements other than treaties to which the United States is a party that have been signed. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties. (5) regulate the course of the hearing. powers and duties. (b) There shall preside at the taking of evidence— (1) the agency. (c) Subject to published rules of the agency and within its powers. in whole or in part. and published. evidence. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee. during each calendar year. employees presiding at hearings may— (1) administer oaths and affirmations. and proclamations by the President of such treaties and agreements. 1950. the agency shall determine the matter as a part of the record and decision in the case.” which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year. the several States. or with reference to which any other final formality has been executed.
on timely request. county or municipal office. The agency may. and encourage use of such methods. but the agency as a matter of policy shall provide for the exclusion of irrelevant. to submit rebuttal evidence. Constitution and . on payment of lawfully prescribed costs. (8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy. Executive or Judicial branch. ISSUE FIVE : OATH OF OFFICE MAKES PUBLIC OFFICIALS “FOREIGN” Those holding Federal or State public office. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record. probative. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable. are required by the U. before entering into these public offices. (e) The transcript of testimony and exhibits.S. Officers of the Court. Law Enforcement Department employees. and etc. consider a violation of section 557 (d) of this title sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur. together with all papers and requests filed in the proceeding. when a party will not be prejudiced thereby. the proponent of a rule or order has the burden of proof. A party is entitled to present his case or defense by oral or documentary evidence.. Judges. constitutes the exclusive record for decision in accordance with section 557 of this title and. shall be made available to the parties. adopt procedures for the submission of all or part of the evidence in written form. and (11) take other action authorized by agency rule consistent with this subchapter.(6) hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter. to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the agency. (9) dispose of procedural requests or similar matters. Any oral or documentary evidence may be received. (d) Except as otherwise provided by statute. In rule making or determining claims for money or benefits or applications for initial licenses an agency may. immaterial. a party is entitled. and to conduct such cross-examination as may be required for a full and true disclosure of the facts. (10) make or recommend decisions in accordance with section 557 of this title. including Court Officials. to an opportunity to show the contrary. and substantial evidence. or unduly repetitious evidence. Prosecutors. under the Legislative. (7) inform the parties as to the availability of one or more alternative means of dispute resolution.
domestic violence. or by any other means. privilege. by using the militia or the armed forces. according to State Constitutions and State statutory law. if it— (1) so hinders the execution of the laws of that State. or (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. any insurrection. voluntary action. shall take such measures as he considers necessary to suppress. Section §611.” Under Title 22 USC. Sec.30. the State shall be considered to have denied the equal protection of the laws secured by the Constitution. or immunity. Section §1481 “Loss of nationality by native-born or naturalized citizen. and all who hold public office come under Title 8 USC. and of the United States within the State. burden of proof. The Oath of Office requires the public official in his / her foreign state capacity to uphold the constitutional form of government or face consequences. or to give that protection. or refuse to protect that right. §333. All oaths of office come under 22 CFR. “Interference with State and Federal law” The President. unlawful combination. fail. or both. presumptions.statutory law to comply with Title 5 USC. Foreign Relations. or protection named in the Constitution and secured by law. “Oath of office. In order to hold public office. Sections §§92. and the constituted authorities of that State are unable. . in a State. Title 10 USC. or conspiracy.” State Officials are also required to meet this same obligation. that any part or class of its people is deprived of a right.12 92. privilege. a Public Official is considered a foreign agent. immunity. In any situation covered by clause (1). §3331. Foreign Relations and Intercourse. Sec. the candidate must file a true and complete registration statement with the State Attorney General as a foreign principle.
Such willful action.C.) the US relinquished every office TITLE 8 > CHAPTER 12 > SUBCHAPTER I > § 1101 . Treaty Series 881 CONVENTION ON RIGHTS AND DUTIES OF STATES 1945 IOIA –That the International Organizations Act of December 29. the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services. 3097. Section §1918 “Disloyalty and asserting the right to strike against the government” Whoever violates the provision of 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government. or both. shall be fined under this title or imprisoned not more than one year and a day. Title 22. while serving in official capacity. Sections 288 to 2886 U. and also deprives claimants of “honest services: Title 18. 669.S. 1945 (59 Stat." and the treaties that placed your public offices in that foreign state under international law and under the United Nation jurisdiction: 49 Stat. (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government. violates Title 18 USC. Section §1918: Title 18 USC. Definition of “scheme or artifice to defraud” “For the purposes of this chapter. Section §1346.
tax. reimbursement. (8) “Judgment” means a judgment.The term “foreign state” includes outlying possessions of a foreign state. or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt. rent. interest. (3) “Debt” means— (A) an amount that is owing to the United States on account of a direct loan. Federal Debt Collection Procedure: Title 28. or (B) an amount that is owing to the United States on account of a fee. recovery of a cost incurred by the United States. assessment. overpayment. Chapter 176. penalty. but selfgoverning dominions or territories under mandate or trusteeship shall be regarded as separate foreign states ISSUE SIX: JUDGE SERVES AS A DEBT COLLECTOR Judges hold public office under Title 28 USC. sale of real or personal property. excluding the United States Tax Court. duty. (15) “United States” means— . restitution. by the United States. or loan insured or guaranteed. Section §3002 As used in this chapter: (2) “Court” means any court created by the Congress of the United States. Chapter 176. but that is not owing under the terms of a contract originally entered into by only persons other than the United States. order. lease. or other source of indebtedness to the United States. fine. damages. bail bond forfeiture. Federal Debt Collection Procedure. service.
§286. or other entity of the United States. provided for by the Articles of Agreement of the Fund and the Articles of Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and Financial Conference dated July 22. up to 3. (B) an agency.” states the following: The Secretary of the Treasury is authorized to instruct the Fund's pledge to sell.000. if needed. “Approval of fund pledge to sell gold to provide resources for Reserve Account of Enhanced Structural Adjustment Facility Trust.(A) a Federal corporation. or (C) an instrumentality of the United States. ISSUE SEVEN: NO IMMUNITY UNDER “COMMERCE” . § 286e-13. Title 22 USC. Sec. Title 22 USC. “Acceptance of membership by United States in International Monetary Fund. Sec. and deposited in the archives of the Department of State. board. department. commission. 1944.000 ounces of the Fund's gold.” states the following: The President is hereby authorized to accept membership for the United States in the International Monetary Fund (hereinafter referred to as the "Fund"). to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to a level that would be sufficient to meet obligations of the Trust payable to lenders which have made loans to the Loan Account of the Trust that have been used for the purpose of financing programs to Fund members previously in arrears to the Fund. and in the International Bank for Reconstruction and Development (hereinafter referred to as the "Bank").
instrumentalities of States. firms. instrumentalities of States. including any governmental or nongovernmental entity. Sec. other persons acting for the United States and with the authorization and consent of the United States. shall not be immune. (b) Waiver of sovereign immunity by States. all agencies and instrumentalities thereof. Title 42 USC. according to the following US Codes: Title 15 USC. and all liability of States. In any action against a State for a violation of the requirements of this chapter.All immunity of the United States. Sec. The United States. shall not be immune from suit in Federal or State court by any person. and State officials” (a) Waiver of sovereign immunity by the United States. from suit in Federal court by any person. §12202. and all individuals. “Civil rights remedies equalization” . instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity. for any violation under this Act. §1122. Commerce. Any State. corporations. Sec. including any governmental or nongovernmental entity for any violation under this Act. and State officials have been waived under commerce. §2000d–7. “Liability of States. “State immunity” A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter. remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State Title 42 USC. under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity.
]. charges. (D) destruction. . title IX of the Education Amendments of 1972 [20 U. (B) withholding of relief. Commerce.C.C. 2000d et seq. public offices or officials can be sanctioned.C. limitation. taking. or other condition affecting the freedom of a person. seizure. costs.S. requirement. Title 5. title VI of the Civil Rights Act of 1964 [42 U.]. USC. (E) assessment of damages. or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. The Administrative Procedure Act of 1946 gives immunity in Administrative Court to the Administrative Law Judge (ALJ) only when an action is brought by the people against a public. Sec. agency or corporate official / department.(a) General provision (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U. (2) In a suit against a State for a violation of a statute referred to in paragraph (1).]. compensation. 6101 et seq. 794]. the Age Discrimination Act of 1975 [42 U. 1681 et seq.S.S. (C) imposition of penalty or fine.S. Under Title 5 USC. or fees. remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. restitution. §551: (10) “sanction” includes the whole or a part of an agency— (A) prohibition.C. reimbursement. or withholding of property.
obstruction of justice. or (G) taking other compulsory or restrictive action.(F) requirement. and Title 42 USC. Public Health and Welfare. This symbolizes true justice. (Declared or undeclared War – falls under TWEA. which violates Title 18 USC §1346.) ISSUE EIGHT: COURTS OPERATING UNDER WAR POWERS ACT The Courts are operating under the Emergency War Powers Act. Crime and Criminal Procedure. departments. The country has been under a declared “state of emergency” for the past 70+ years resulting in the Constitution being suspended (See Title 50 USC Appendix – Trading with the Enemy . or suspension of a license. and employees for civil rights violations while dealing in commerce. false statements. This is considered fraud and an overthrow of a constitutional form of government and the person depriving the honest service can be held accountable and face punishment under Title 18 USC and Title 42 USC and violates Title 28 USC judicial procedures. malicious prosecution and fraud placed upon the court. Both Title 18 USC. revocation. “Scheme or Artifice to Defraud.” by perpetrating a scheme or artifice to deprive another of the intangible right of honest services. All public officials are placed under Title10 section 333 while under a state of emergency. Any willful intent to uncover the EYES OF JUSTICE or TILT THE SCALES is a willful intent to deny Due Process. Justice is required to be BLIND while holding a SET OF SCALES and a TWOEDGED SWORD. allow the Petitioner to bring an action against the United States and/or the State agencies. The Administrative Procedure Act of 1946 (60 stat 237) would allow the sword to cut in either direction and give the judge immunity by holding his own court office accountable for honest service fraud.
1907.” approved March 2. if he shall give satisfactory evidence to the President.” whereas. indispensable to the enjoyment of the rights of life. Petitioner comes under Title 50 USC Appendix Application Sec. §23. has been prevented from so returning by circumstances beyond his control. 7 to 39. and invested them with the rights of citizenship. or that he. and whereas in the recognition of this principle this government has freely received emigrants from all nations. and whereas it is claimed that such American citizens. §21. SECTION I . and 41 to 44 of this Appendix] shall not be denied on the ground of any presumption of expatriation which has arisen against him. “Jurisdiction of United States courts and judges. enacted July 27. liberty. owing allegiance to the governments thereof. and the pursuit of happiness. 15 Statutes at Large. WHEREAS the right of expatriation is a natural and inherent right of all people. .Right of expatriation declared. or the court.Rights of American citizens in foreign states.” which provides for criminal jurisdiction over an “enemy of the state. 1868. under the second sentence of section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their protection abroad. of his uninterrupted loyalty to the United States during his absence. Chapter 249 (section 1). The Courts have been misusing Title 50 USC.Act of 1917). with their descendants. as the case may be. and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed. states the following: PREAMBLE . “Claims of naturalized citizens as affected by expatriation” which states the following: The claim of any naturalized American citizen under the provisions of this Act [sections 1 to 6. although desiring to return. and that he has returned to the United States. Sec. are subjects of foreign states.
is hereby declared inconsistent with the fundamental principles of this government. Trading with the Enemy Act Public Law No. Act.THEREFORE. 65-91 (40 Stat. or decision of any officers of this government which denies. And it is further enacted. the same protection of persons and property that is accorded to native born citizens in like situations and circumstances.Protection to naturalized citizens in foreign states. 1868 The Courts and the States are enforcing the following code on American nationals: Title 50 USC Appendix App. SECTION II . or questions the right of expatriation. instruction. doing business in United States.” as a result of the passage of The Amendatory Act of March 9. “Licenses to enemy or ally of enemy insurance or reinsurance companies. shall be entitled to. and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. opinion. not amounting to acts of war. Be it enacted by the Senate of the and House of Representatives of the United States of America in Congress assembled. change of name. 411) October 6. That all naturalized citizens of the United States. . That whenever it shall be made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government. it shall be the duty of the President to use such means. while in foreign states. §4. and if the release so demanded is unreasonably delayed or refused. Approved. That any declaration. order. and if it appears to be wrongful and in the violation of the rights of American citizenship. it shall be the duty of the President forthwith to demand of that government the reasons for such imprisonment. as he may think necessary and proper to obtain or effectuate such release. And it is further enacted. SECTION III . restricts. and shall receive from this government. July 27.Release of citizens imprisoned by foreign governments to be demanded. impairs. Sec. the President shall forthwith demand the release of such citizen. L. Trading. 1933 to Title 50 USC.
1933. Evatt. There are three different and distinct forms of the “United States” as revealed by this case law: “The high Court confirmed that the term "United States" can and does mean three completely different things. lacks jurisdiction in the above captioned case. 652 (1945).S. Any such failure violates 18 USC §1001.” ISSUE NINE: LANGUAGE NOT CLARIFIED Clarification of language: The Plaintiff STATE OF NEVADA has failed to state the meaning or clarify the definition of words. The original Trading with the Enemy Act excluded the people of the United States from being classified as the enemy when involved in transactions wholly within the United States. Section 800. however. is. The above-mentioned “real party in interest” hereby demands full disclosure of the true and limited jurisdiction of this court. Pub. which turned the American people into “enemy of the state.. 92 U.S. 16 U. United States v. pursuant to the Federal Rules of Civil Procedure (FRCP) Rule 4(j). 324 U. seq. a FOREIGN STATE as defined in Title 28 USC §1602. L. et.” Hooven & Allison Co. and. included the people of the United States as the "enemy. 3 Wheat. and United States v. and §2331.1917. This now violates the PATRIOT ACT. Domestic terrorism. 94-583 (hereafter FSIA). 336 336 (1818) .” The abuses perpetrated upon the American people are the result of Title 50 USC. The Amendatory Act of March 9. in fact and at law. Trading With The Enemy Act." by incorporating the following language into the Trading With The Enemy Act: “by any person within the United States. along with NOTICE OF FOREIGN STATE STATUS OF THE COURT. the FOREIGN SOVEREIGN IMMUNITIES ACT of 1976. 542 (1876).S. Cruikshank. vs. Bevans. The Petitioner places before the Court legal definitions and terms. §1505. This court. therefore. depending on the context.
as well as by using Complainant’s last name to construe Complainant erroneously.” This court. 1977. COUNTY. exclusively. MUNICIPAL. Said jurisdiction lies with the “district court of the United States. and is misusing the name of this Sovereign American by placing Complainant’s name in all capital letters. in Washington. considered as deriving their existence entirely from the law.” and. 111.” The foregoing must be served upon the Chief Executive Officer and upon the Registered Agent of the designated CORPORATION or FOREIGN STATE. All complaints and suits against such CORPORATION. and Complainant hereby asserts the right of immunity inherent in the 11th Amendment: “The judicial power shall not be construed to extend to any suit in law or equity. pursuant to 22 CFR §93. as a corporation. commenced or prosecuted against one of the United States by citizens of another state. an artificial being..” —Blacks Law Dictionary. or ens legis. Lat. and under all related definitions below. Feb. 1998]. A creature of the law. A copy of the FSIA must be filed with the complaint along with “a certified copy of the diplomatic note of transmittal. 1951. Inc. Apr. 4th Edition. by definition is a FOREIGN STATE. L. as amended at 63 FR 16687. and a CORPORATION or ens legis: “Ens Legis. “the certification shall state the date and place the documents were delivered.The Court and its officers have failed to state which United States they represent. 63 Stat. or by citizens of any Foreign State. under Section 1608(a)(4) of Title 28 USC. and it’s satellite corporations have no jurisdiction over Complainant.C. 2. as a “person” which is a “term of art” meaning: a creature of the law. 6. and it’s under Federal Debt Collection Procedure. as contrasted with a natural person. 2658) [42 FR 6367. an American national and a belligerent claimant. the United States. to the Director of the Office of Special Consular Services in the Bureau of Consular Affairs..S. Department of State.2.” established by .1 and §93.C. since they can represent only one. D. or STATE COURTS lack jurisdiction to hear any case since they fall under the definition of FOREIGN STATE. an artificial being. as amended (22 U. Applied to corporations. fall under the aforementioned FSIA and service of process must therefore be made by the clerk of the court.
or fairly apprise any one that it is issued without authority. and contains nothing to notify. Toombs. 85 U.” Regular on its Face -. which are “constitutional courts” and do not include the territorial courts created under Article IV. territorial. therefore. a FATAL DEFECT. officer. e.g. a sister state or another country.“Process is said to be “regular on its face” when it proceeds from the court. the exercise by a state or nation jurisdiction beyond its own territory. Also. as well as pursuant to the 11th amendment Foreign State Immunity. Rule 1101). Hornbuckle v. 966 (1873). and. the Prosecuting Attorney has failed to state a claim for which relief can be granted to the Complainant. Long-arm service of process is a form of such foreign or extraterritorial jurisdiction . further. 648. exclusively. Clause 2. (See Title 28 USC. 21 L. and. which are “legislative” courts. the instant case and all related matters must be DISMISSED WITH PREJUDICE for lack of in personam. as well as for improper Venue. or body having authority of law to issue process of that nature. conclusive presumption that the above-mentioned real party in interest is a not a CORPORATION. the process in the above-captioned case is not “regular on its face. In the United States. It is an undisputed. Foreign jurisdiction Any jurisdiction foreign to that of the forum. and which is legal in form.Ed.Congress in the states under Article III of the Constitution. Pursuant to Rule 12(b)(6). Moreover.” TABLE OF DEFINITIONS Foreign Court The courts of a foreign state or nation. Section 3. is not registered with any Secretary of State as a CORPORATION. this term is frequently applied to the courts of one of the States when their judgment or records are introduced in the courts of another. under the FSIA Statutes pursuant to 28 USC §1330. and subject matter jurisdiction..S.
§1101(14) The term “foreign state” includes outlying possessions of a foreign state. the legal principles of jurisprudence which are part of the law of a sister state or nation.g. is required to consent to certain conditions and restrictions in order to do business in such first state. and in that respect are called “jus receptum. National Labor Relations Act. Profiteering Taking advantage of unusual or exceptional circumstance to make excessive profit. . but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states. Foreign states Nations which are outside the United States.S. Service of process on foreign corporation is governed by the Fed. associations. natural person) though by statute the term may include a firm. § 7701 (a) (5). see 28 USC. partnerships. a sister state. 4(d) (3). corporations. or of a sister state. Sec. In conflicts of law. P. Civ. R. Under federal tax laws.Foreign laws The laws of a foreign country. a foreign corporation is one which is not organized under the law of one of the States or Territories of the United States. Chapter 12. Foreign service of process Service of process for the acquisition of jurisdiction by a court in the United States upon a person in a foreign country is prescribed by Fed R. Civ. Foreign laws are additions to our own laws. e. or receivers. 4 (i) and 28 U. P.e. Foreign immunity With respect to jurisdictional immunity of foreign states. i.e. Subchapter I. Person In general usage. and. labor organizations. I. trusts. a human being (i. as such.C. § 1608. R. Service of process on foreign corporations is governed by Fed. legal representative. 4 See also Corporation. trustees in bankruptcy. §1602 et seq. Title 8 USC. P.R. Term may also refer to another state.C. §2(1). selling of scarce or essential goods at inflated price during time of emergency or war. Civ. Sec.” Foreign corporation A corporation doing business in one State though chartered or incorporated in another state is a foreign corporation as to the first state.A.
J. and which. p. or was unknown to the court when judgment was pronounced. appeal or other existing statutory proceeding. Subtitle F.J. Criminal Law. which constitutes a remedy for setting aside a judgment which for a valid reason should never have been rendered. Commonwealth.. A corporation is a ”person” within the meaning of equal protection and due process provisions of the United States Constitution. and judicial Proceedings of every other . who as such officer. §7343 The term “person” as used in this chapter includes an officer or employee of a corporation. It is also said that at common law it lay to correct purely ministerial errors of the officers of the court. 47.” 24 C. a third party who comes between the parties to a suit. Sec. 1861. which fact did not appear of record. if known would have prevented the judgment. Gilbert's Forum Romanum.Definition of the term “person” under Title 26. on the ground of error of fact.S. “A writ of error Coram nobis is a common-law writ of ancient origin devised by the judiciary. Furthermore. fear. Its principal aim is to afford the court in which an action was tried an opportunity to correct its own record with reference to a vital fact not known when the judgment was rendered. the above-mentioned “real party in interest” demands the strict adherence to Article IV..“The principal function of the writ of error Coram nobis is to afford to the court in which an action was tried an opportunity to correct its own record with reference to a vital fact not known when the judgment was rendered. unless he was prevented from so presenting them by duress. Tertius interveniens A third party intervening.. and could of reasonable diligence in time to have been otherwise presented to the court. 145. p. employee or member is under a duty to perform the act in respect of which the violation occurs. § 1610 (2004). or a member or employee of a partnership.At common law in England. 312 Ky. Chapter 75. 229 S. the purpose of which is to correct a judgment in the same court in which it was rendered. Sec. 718. § 1606 b..W.2d 470. section one of the National Constitution so that in all matters before this court. or other sufficient cause. Writ of error Coram nobis A common-law writ. 3rd ed.S. 24 C. Records. it issued from the Court of Kings Bench to a judgment of that court. Criminal Law.. one who interpleads. and which was unknown.” Black's Law Dictionary. Ford v. Subchapter D. for which it was statutes provides no other remedy. and which could not have been presented by a motion for a new trial. the Full Faith and Credit shall be given in each State to the public Acts.
Black’s Law Dictionary. 13 Fed. or the legal representative of a decedent.State. the above-mentioned “real party in interest” is not an artificial. “the real party in interest” hereby declares the status of a “foreign state” as defined in 28 USC 1331(b)(1). “neither a citizen of a State of the United States as defined in section 1332(c)” (a corporation." selective incorporation notwithstanding. “an organ (a vital part) of a foreign state” and (b)(3). (1996). which is “the same as domicile of origin or domicile by birth. domicilium originis. 863. Twenty-One Bales. 4th edition. (b)(2). still in force pursuant to Article VI of the National Constitution. acts. condition and character of “a sovereign without subjects. “otherwise”). is invested with and bears the status. which is the source and the seat of her sovereignty and immunity. corporate “person” as defined and created by PUBLIC STATUTES.” (See Johnson v. and is not a juristic person which may be “affected” by PUBLIC STATUTES. so that “Full faith and credit shall be given in each of these States to the records. and to Article IV of the Articles of Confederation. and judicial proceedings of the courts and magistrates of every other State. DECLARATION OF STATUS AND RIGHT OF AVOIDANCE The above-mentioned Petitioner. the above-mentioned “real party in interest” exercises his /her Right of Avoidance and hereby rejects the offered commercial venture and declines to fuse with or to animate the above-mentioned Defendant in Error. or to stand as STRAWMAN “PERSON.” which is defined in Barron’s Law Dictionary.” The lex domicilii. involves the "law of the domicile" in the Conflict of Laws.” The abovementioned “real party in interest” is always and at all times present in his / her “asylum home state. 4th edition). an insurer. The lex domicilii shall also depend upon the Natural Domicile of the above-mentioned “real party in interest.Cas. “nor created under the laws of any third country.” which is “the common case of the place of birth.” (in the instant case. as “a term referred to in commercial and property contexts when a transfer is made to a third party. but. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied. an infant or an incompetent). Accordingly. as “a separate legal person. the strawman .” Furthermore.” also referred to as Natural Domicile. corporate or otherwise.
involving. at whatever cost. as it does. and from whom the government has emanated: "The sovereignty of a state does not reside in the persons who fill the different departments of its government. A person is here not a physical or individual person. Vol. The law of persons is the law of status or condition. to which the above-mentioned “real party in interest” is a belligerent claimant. This DECLARATION OF STATUS constitutes a conclusive presumption. .” in whom sovereignty resides. a sham." -American Law and Procedure. 13. . . and by the Rule of Law to DISMISS AND REVERSE it.. . but in the People. NOT a sham.” and the word “People” which is NOT the plural form of the term “person. that the “real party in interest” is NOT a corporation.” “subject.” or “agent. a member of the “Posterity of We. and is certainly NOT a dummy.e. The following case citation declares the undisputed distinction in fact and at law of the distinction between the term “persons. . . but it is absolutely necessary to grasp.” The above-mentioned party is. TABLE OF AUTHORITIES – PERSON "This word ‘person’ and its scope and bearing in the law. NOT a strawman.” The above-mentioned “real party in interest” is NOT a subordinate “person. . but is duty-bound according to the due process of the law. simply for the purpose of retransferring to the transferror in order to accomplish some purpose not otherwise permitted.” in whom sovereignty abides. not an individual or physical person. of which the court is bound to take NOTICE.” which is the plural form of the term “person.” which. and. at that entry is therein defined as “a strawman. the court can exercise no jurisdiction whatsoever over the “real party in interest” or in the above-captioned case. but the status. obtaining jurisdiction over the above-mentioned “real party in interest” or relying upon the rebuttable presumption that the above-mentioned “real party in interest” is a corporation. the People. The definition also contains the admonition to “See dummy. it is difficult to understand. a true and proper understanding to the word in all the phases of its proper use . legal fictions and also apparently natural beings.“person”. but the status or condition with which he is invested .” but is a “constituent. page 137. from whom the government emanated.” i. condition or character borne by physical persons . 1910.
Sloop Betsey.S." -.and they may change it at their discretion. 48 US 1. made and adopted the Constitution ." -. in the people" --Glass v." -. the term ‘person’ does not include the sovereign. 530. 22 F 939. 312 US 600. then in this country. 1794." --supreme Court.. Ill. 61 SCt 742 (1941).S. .D. in fact and at law. 667 (1979). "The governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them. and Congress can exercise no power which they have not.. in their capacity as sovereigns.S... "In common usage. v.U.Julliard v. "There is no such thing as a power of inherent sovereignty in the government of the United States . In this country sovereignty resides in the people. Cooper. Lansing v. and statutes employing the word are ordinarily construed to exclude it. statutes employing that term are ordinarily construed to exclude it.. . the term 'person' does not include the sovereign. 528." --Luther v." -. Sovereignty was.U. v.US v. by his prerogative. 421.R. The following two case citations declare the undisputed doctrine. “The United States.C. But the people. Sovereignty. and not with the agent. Hopkins. D. the government. supreme Court. both in reference to the federal and state government. v." -. 1829. sovereignty itself remains with the people” --Yick Wo v. "Since in common usage the term ‘person’ does not include the sovereign. as the original fountain might take away what they have delegated and entrust to whom they please. McConnell. "People of a state are entitled to all rights which formerly belong to the King.S. 258.Wilson v. 67 SCt 677 (1947). "In common usage the word ‘person’ does not include the sovereign. General Motors Corporation. "While sovereign powers are delegated to ....604. Omaha Indian Tribe 442 US 653." -. Smith.U. 12 LEd 581. abides with the constituency.S. 943: "Our government is founded upon compact. The people." (Persons are not People). 118 U. 356. as a whole. 4 Wheat 402.--Spooner v. The sovereignty in every state resides in the people of the state and they may alter and change their form of government at their own pleasure.. Borden. emanates from the people . 110 U. Greenman. by their Constitution entrusted to it: All else is withheld. "In common usage. statutes employing the phrase are ordinarily construed to exclude it. "Since in common usage. and is.. and statutes employing the word are generally construed to exclude the sovereign. Fox 94 US 315.S. United Mine Workers of America. the term ‘person’ does not include the sovereign and statutes employing it will ordinarily not be construed to do so. and this remark is true. page 370. 2 F.." --supreme Court. 330 U.
it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction. 834 (1907).The People v..E. U. unless expressly named..S. --Church of Scientology v.that the word (term of art) “person” is a “general word." -. but on the logical and practical ground that there can be no legal Right as against the authority that makes the law on which the Right depends. US Department of Justice 612 F2d 417. title or interest. 27 S. 522 N. operate upon or affect the above-mentioned “real party in interest:” "The word `person' in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. sovereignty resides in people. though not named. 4 Cowen (NY) 345. 353.. TABLE OF AUTHORITIES—LACK OF SUBJECT MATTER JURISDICTION In a court of limited jurisdiction.E. Until the plaintiff submits uncontroversial evidence of subjectmatter jurisdiction to the court that the court has subject-matter jurisdiction. 425 (1979). whenever a party denies that the court has subject-matter jurisdiction.. restrictive of prerogative right. Herkimer. (294 US 330). Loos v American Energy Savers. Polyblank. Inc. but when a statute is general and prerogative right would be divested or taken from the King (or the People) he shall not be bound.3d 1042. the court is proceeding without subject-matter jurisdiction. that when an act is made for the common good and to prevent injury.2d 841(1988)("Where jurisdiction is contested.App. 212 Ill.3d 558. "The people. the former sovereign .” --Perry v. the King shall be bound." --Kawananakoa v. Acts of limitation do not bind the King or the people.S. the burden of . 1991) ("the burden of proving jurisdiction rests upon the party asserting it. or sovereign are not bound by general words in statutes. statutes do not apply to."). “are NOT bound by general words in statutes.” Therefore. 51 L. Ct.” and that the “people. not because of any formal conception or obsolete theory.App. Ed.” of whom the above-mentioned “real party in interest” is one. 526. 527. 348 (1825): "In the United States. 205 U. The people have been ceded all the rights of the King. 168 Ill. 571 N. "A Sovereign is exempt from suit. It is a maxim of the common law. 349. Bindell v City of Harvey.2d 1017 (1st Dist.
"Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio. after acquiring jurisdiction of a subject matter. the court is governed by the rules of limited jurisdiction. however erroneous. the court must proceed exactly according to the law or statute under which it operates. is only correct when the court proceeds according to the established modes governing the class to which the case belongs and does not transcend in the extent and character of its judgment or decree the law or statute which is applicable to it.3d 813. Renfield. US. the court has acted against the law. 732." In Interest of M.E. 101 Ill. 140. cannot be collaterally assailed. Vulcan Materials Co.2d 591 (1st Dist. transcends the limits of the jurisdiction conferred. 474 F2d 215. 557 N. being statutory proceedings. 300 Ill. In a court of limited jurisdiction.."). 1997) ("Where a court's power to act is controlled by statute.E. The law places the duty and burden of subjectmatter jurisdiction upon the plaintiff. and its judgment or decree. and the judge under court decisions has immediately lost subject-matter jurisdiction."). "Thus.App.3d 300.App. 40. Bee Const. when its power to act on a particular matter is controlled by statute. Ex parte Giambonini.").App. . and courts exercising jurisdiction over such matters must proceed within the strictures of the statute. the court is governed by the rules of limited jurisdiction.. Co. as here. Re Cavitt.2d 797 (1st Dist.2d 532 (1st Dist. 132."). Armstrong v Obucino. where a judicial tribunal has no jurisdiction of the subject matter on . 427 N. 1990) ("The jurisdiction of a court in a dissolution proceeding is limited to that conferred by statute. 381 Ill.were void for want of power to make them. v. Where a court.E." In Re Application of Wyatt. 300 P." Norwood v. 34 C 329. 199 Ill. Inc. violates the defendant's due process rights." Joyce v..3d 30. 133 N. Flake v Pretzel. its judgment is void. "A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property. 143. 49 P. "There is no discretion to ignore that lack of jurisdiction..establishing it rests upon the plaintiff.V.2d 375 (1943) ("the actions.") ("The judgments were based on orders which were void because the court exceeded its jurisdiction in entering them. 46 N.E. 58 (1921) ("The doctrine that where a court has once acquired jurisdiction it has a right to decide every question which arises in the cause. 681 N. In re Marriage of Milliken.. 1981) ("Though a court be one of general jurisdiction. 118 P2d 846. 288 Ill. Should the court attempt to place the burden upon the defendant. 498.").E.
it must be proven. C." Wuest v. 1409.which it assumes to act. Hunter. and may be rejected upon direct collateral attack. Lavine. 415 U. "A departure by a court from those recognized and established requirements of law. 67 S. court is deprived of juris. and afford no justification.Ct. and a court must have the authority to decide that question in the first instance. 187 P 27. 4 US 308. "Where there is absence of jurisdiction. is to be proven. "Where a court failed to observe safeguards. the court has no authority to reach merits. "Once jurisdiction is challenged.the fact that the petitioner was released on a promise to appear before a magistrate for an arraignment. rather.S. 298 US 178. is an excess of jurisdiction. Dillon." Merritt v. 157. ed. 8 Cr. 1963. 3L." --Main v. it must be proven." Rescue Army v. 505 F2d 1026. “Jurisdiction." Monroe v. 91 L. for a basic issue in any case before a tribunal is its power to act. ". "The law provides that once State and Federal jurisdiction has been challenged. for a basic issue in any case before a tribunal is its power to act. 937." Rescue Army v. Municipal Court of Los Angeles. Griffith v. 2502 (1980)." Dillon v. 533.Ct. Kansas 170 F2d 739. Ill. Municipal Court of Los Angeles. 471. 9. 100 S.. all administrative and judicial proceedings are a nullity and confer no right. Tolmie. but by the party attempting to assert jurisdiction. Frazier.Ed. GMAC. but. "A court has no jurisdiction to determine its own jurisdiction." --Thompson v." Melo v. 331 US 549." --Hagens v. however close apparent adherence to mere form in method of procedure. it amounts to denial of due process of law. its proceedings are absolutely void in the fullest sense of the term. once challenged. US. Thiboutot. 1666. "Once jurisdiction is challenged. 91 L. that fact is circumstance to be considered in determining whether in first instance there was a probable cause for the arrest. ed. Ed.A. DC. 2 Pet.. Wuest. 171 P2d 8. and a court must have the authority to decide that question in the first instance. 381. should dismiss the action. Levy. "A court has no jurisdiction to determine its own jurisdiction. The origins of this doctrine of law may be found in Maxfield's Lessee v. 127 P2d 934.” See McNutt v. The burden of proof of jurisdiction lies with the asserter. 1666. 221 F Supp 685. 7 L. not by the court. 67 S. . offer no protection. which has the effect of depriving one of a constitutional right. 331 US 549. Ct. the court cannot proceed when it clearly appears that the court lacks jurisdiction. 1409. 171 P2d 8. Papa.
" --Basso v. 556 and 558 (b). 143.S.C. 46 N. whenever a party denies that the court has subject-matter jurisdiction. “In a court of limited jurisdiction. Ct. 498..."). . being statutory proceedings. 300 Ill. Inc.” --Bindell v City of Harvey. 140. after acquiring jurisdiction of a subject matter.App.") ("The judgments were based on orders which were void because the court exceeded its jurisdiction in entering them.3d 1042.2d 375 (1943) ("the actions. Should the court attempt to place the burden upon the defendant. "The proponent of the rule has the burden of proof. is an excess of jurisdiction." --Standard v. and its judgment or decree. transcends the limits of the jurisdiction conferred.E. 571 N. even on final determination."No sanctions can be imposed absent proof of jurisdiction.were void for want of power to make them. Sec. Sec. 556 (d). Utah Power & Light Co.C. 381 Ill.2d 1017 (1st Dist." --Title 5 U. Where a court. which has the effect of depriving one of a constitutional right. "Jurisdiction can be challenged at any time.. Armstrong v Obucino. 768. “Until the plaintiff submits uncontroversial evidence of subject-matter jurisdiction to the court that the court has subject-matter jurisdiction. however .3d 558. 168 Ill. --Flake v Pretzel. The law places the duty and burden of subject-matter jurisdiction upon the plaintiff.S. its judgment is void.E. violates the defendant's due process rights. 127 P2d 934."). 937. the court is proceeding without subject-matter jurisdiction.E. as here." --Wuest v."A departure by a court from those recognized and established requirements of law. The City of Independence.App.. 58 (1921) "The doctrine that where a court has once acquired jurisdiction it has a right to decide every question which arises in the cause.. “Mere good faith assertions of power and authority (jurisdiction) have been abolished. the court must proceed exactly according to the law or statute under which it operates.”--Loos v American Energy Savers. however close apparent adherence to mere form in method of procedure.” --Owens v. 522 N.. 495 2nd 906 at 910. Title 5 U. Olsen.E. the court has acted against the law. 1991) ("the burden of proving jurisdiction rests upon the party asserting it. and the judge under court decisions has immediately lost subject-matter jurisdiction. the burden of establishing it rests upon the plaintiff. it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction. 212 Ill. In a court of limited jurisdiction. 74 S. 133 N.").2d 841(1988)("Where jurisdiction is contested. Wuest.
427 N. followed . cannot be collaterally assailed. and actions will lie against them without any regard of the precept or process .App. Rep. there the party who sues. 2d 1124. no action lies against them. 1143 (7th Cir.E. Rep. and actionable."). when its power to act on a particular matter is controlled by statute. But (b) when the Court has not jurisdiction of the cause."). In re Marriage of Milliken. Co.B.2d 797 (1st Dist. the court is governed by the rules of limited jurisdiction." In Interest of M. . 288 Ill. When a Court has (a) jurisdiction of the cause. 1613). and proceeds inverso ordine or erroneously. 493 F. Vulcan Materials Co.3d 300.01-195. A majority of states including Virginia (see. few more serious threats to individual liberty can be imagined than a corrupt judge or judges acting in collusion outside of their judicial authority with the Executive Branch to deprive a citizen of his rights. Va.2d 532 (1st Dist. v. Bee Const. ..E. and courts exercising jurisdiction over such matters must proceed within the strictures of the statute. 1990) ("The jurisdiction of a court in a dissolution proceeding is limited to that conferred by statute. Id. 40. there the whole proceeding is before a person who is not a judge. See United States v.3(3)). 681 N. 1981) ("Though a court be one of general jurisdiction. Inc. Isaacs. 1974).App. 77 Eng. Sir Edward Coke found that Article 39 of the Magna Carta restricted the power of judges to act outside of their jurisdiction such proceedings would be void. 101 Ill. In our judicial system."). the court is governed by the rules of limited jurisdiction. 557 N. or the officer or minister of the Court who executes the precept or process of the Court.. Code §8.V. 199 Ill. 77 Eng. 1997) ("Where a court's power to act is controlled by statute..erroneous.3d 30.3d 813. at 1038-41.App.2d 591 (1st Dist. In The Case of the Marshalsea. neither Judges nor Government attorneys are above the law. TABLE OF AUTHORITIES – LACK OF JUDICIAL IMMUNITY Thus. 1027 (K. is only correct when the court proceeds according to the established modes governing the class to which the case belongs and does not transcend in the extent and character of its judgment or decree the law or statute which is applicable to it.E.
See Block.' The constitutional requirement of due process of the law is indispensable: "No person shall be held to answer for a capital. Sparkman 435 U.Ct.S. As stated by the United States Supreme Court in Piper v. pp. when in actual service in time of War or public danger.S. 13 Wall. cited in Bradley v. Stump v Sparkman and the History of Judicial Immunity. 879 (l980). Withers. 2 Gray 120. there can be no discretion.the English rule to find that a judge had no immunity from suit for acts outside of his judicial capacity or jurisdiction. Sparkman. Judicial immunity may only extend to all judicial acts within the court’s jurisdiction and judicial capacity. or acts in the face of clearly valid Constitutional provisions or valid statutes expressly depriving him of jurisdiction or judicial capacity. In Wise v. unless on a presentment or indictment of a Grand Jury. but it does not extend to either criminal acts. Rankin. Also as early as 1806. or acts outside of official capacity or in the 'clear absence of all jurisdiction. in the United States there were recognized restrictions on the power of judges. Robert Craig Waters. nor shall any person be . judicial immunity is lost. J. 349 (1978). 646 (1872).S. as well as the placing of liability on judges for acts outside of their jurisdiction. Den Zeller v. 'Liability of Judicial Officers under Section 1983' 79 Yale L. 4980 Duke L. 435 U. 'where there is no jurisdiction. for discretion is incident to jurisdiction. (December 1969). 326-27 and 29-30).” --Rankin v. In Stump v. except in cases arising in the land or naval forces.J. 335. Howard 633 F. 7 U. The Circuit Court overturned this case and the judge was liable. (3 Cranch) 331 (1806). or in the Militia. 2020 (1981).2d 844 (1980). “When a judge knows that he lacks jurisdiction. or otherwise infamous crime. Fisher. 101 S. 349 at 360 (1978).' see Stump v. Pearson.Ed. the Supreme Court confirmed that a judge would be immune from suit only if he did not act outside of his judicial capacity and/or was not performing any act expressly prohibited by statute. 20 L. the Supreme Court confirmed the right to sue a judge for exercising authority beyond the jurisdiction authorized by statute.
nor shall be compelled in any criminal case to be a witness against himself. 316. and immunities granted to a foreign . 257 P. §29 Void Judgments. exemptions.” --Olson v. Section 9.2d 800. nor shall private property be taken for public use without just compensation. 88. 139 N. suites. "Where a court failed to observe safeguards. without due process of law. exemptions. and immunities of international organizations and of their officers and employees. p.2d 342. and servants. C. and the treatment of official communications. their property and their assets. the privileges. exemptions. shall enjoy the same immunity from suit and every form of Judicial process as is enjoyed by foreign governments. “A judgment can be void . where the court acts in a manner contrary to due process. The privileges. . Leith 71 Wyo. Kansas 170 F2d 739. 807 (1966).” --Am Jur 2d. 78. “In criminal cases.W. 273 Minn. provided for in this title. Schmit. (d) In so far as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation.A. National Constitution. the registration of foreign agents. court is deprived of juris. Hunter. PUBLIC LAW 79-291. except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract. “Moreover." Article V. all proceedings founded on the void judgment are themselves regarded as invalid. and immunities to which international organizations shall be entitled shall be those accorded under similar circumstances to foreign governments. shall be granted notwithstanding the fact that the similar privileges.subject for the same offence to be twice put in jeopardy of life or limb. 29 DECEMBER 1945 (Public Law 291-79th Congress) TITLE I Section 2(b) International organizations." --Merritt v. TABLE OF AUTHORITIES – RECIPROCAL IMMUNITY AND FOREIGN AGENT REGISTRATION UNITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT. 404. it amounts to denial of due process of law.” see State v. wherever located and by whomsoever held. and members of their families. liberty or property. nor be deprived or life. . certain constitutional errors require automatic reversal. and the procedures in connection therewith.
exemptions.government. That nothing contained in this title shall be construed as precluding the Secretary of State from withdrawing the privileges exemptions. Texas Administrative Code Subject: 1 TAC § 79. Section § 617: CORPORATE NAME The corporate name of a corporation organized under this chapter shall contain either a word or words descriptive of the professional service to be rendered by the corporation or shall contain the last names of 1 or more of its present. or employees.” due to the undisputed status of the court and its alleged officers and employees as FOREIGN AGENTS. 22 USC § 612. concerning the absolute requirement of registration with the Attorney General as a “foreign principal. partnership. its officers. Characters of Print Acceptable in Names .31 CORPORATIONS (ENTITY NAMES) § 79.31. corporation or other organization or whose name or names appeared in the name of such predecessor organization. This requirement shall be deemed to include. Chapters 6. described supra. and immunities to citizens of the United States.FOREIGN RELATIONS AND INTERCOURSE. and. CORPORATION NAMES DELAWARE CODE TITLE 8. may be conditioned upon the existence of reciprocity by that foreign government: Provided. Also see 22 USC § 611 . but is not limited to. Registration statement. and immunities herein provided from persons who are nationals of any foreign country on the ground that such country is failing to accord corresponding privileges. prospective or former shareholders or of persons who were associated with a predecessor person. an affidavit of noncommunist association.
G. or combination thereof. also called juridical person or juristic person. SUPREME COURT RULING ON CORPORATE PERSON SANTA CLARA COUNTY v.22. STYLE MANUAL 3.. R. (b) Only upper case or capitol letters. 5.23. Arabic numerals.O. March 10 1899 “An Act Providing General Corporate Law” This Act allow the corporation to become a “PERSON” U. the following forms will be used. Delaware legislation. and certain symbols capable of being reproduced on a standard English language typewriter. 394 A legal person.(a) Entity names may consist of letters of the Roman alphabet. will be recognized. or in some jurisdictions.S. with no distinction as to type face or font.S. for a single person to have a separate legal personality other than their own. CO. This legal fiction does not mean these entities are human beings. Capitalization Rules (See also Chapter 4 “Capitalization Examples” and Chapter 9 “Abbreviations and Letter Symbols”) Nationalities. is a legal entity through which the law allows a group of natural persons to act as if they were a single composite individual for certain purposes. The table on Demonyms in Chapter 17 “Useful Tables” shows forms to be used for nouns and adjectives denoting nationality. SOUTHERN PAC. 118 U.P. etc. but rather means that the law allows them to act as persons for certain limited purposes . 5. In designating the natives of the States.
” The Petitioner would like point out to the Federal or State or County or municipal government that Article III section 2 and the 11th Amendment of the Constitution are in conflict. or a member or employee of a partnership. 212 U. Section 2 . The term "person" as used in this chapter includes an officer or employee of a corporation. United States.New York Central R. The States are made up of “State Citizens. Constitution. Definition of the term person. since the people are not subject to a “foreign state” under Title 28 USC. 7343.” and under the 11th Amendment. “State Citizens” cannot be sued by a “foreign state. The court is operating in a foreign state capacity against the people once the court officials take their oath. and they cannot have it both ways. If the Federal or State government can claim immunity under the 11th Amendment. Article III. Co. 277 (1943) TITLE 26 > Subtitle F > CHAPTER 75 > Subchapter D > § 7343 Sec. employee or member is under a duty to perform the act in respect of which the violation occurs ISSUE TEN: COURT LACKS JUDICIAL POWER IN LAW OR EQUITY Petitioner also points out that the Federal or State or County or municipal government can be sued in their corporate capacity when functioning as federal debt collectors under the Fair Debt Collection Practices Act (FDCPA). 481 (1909) United States v. The court cannot convene under Article III equity jurisdiction and then have its public officers claim 11th amendment immunity. Dotterweich.S. Judicial Procedure. v. then the Federal or State or County or municipal government cannot use Law or Equity jurisdiction against the Petitioner or the people in Court.S. 320 U.S. §§1602 -1610. who as such officer. U.
1795 effectively altered Article III. by appropriate legislation.—between a state and citizens of another state.—to all cases of admiralty and maritime jurisdiction. and between a state. the Eleventh Amendment actually removed protection since judicial power no longer extended to any suit in Law or Equity. commenced or prosecuted against one of the United States by citizens of another state. the laws of the United States. The people cannot be charged in Law or Equity claims by anyone in the government.The judicial power shall extend to all cases. and Section 5 of the 14th Amendment granted Congress the power to enforce. abrogates the immunity provided by the 11th Amendment. The court only has one action as revealed by the Rules of Civil Procedure: “Rule 2—One form of Action : There is only one form of action – the civil action. other public ministers and consuls. citizens or subjects. However. and subsequently afforded the people the same protection as any level of government. and treaties made. arising under this Constitution. and now “All” public offices are using the Eleventh Amendment as a defense against being sued.” Civil action can be brought only by the people and not any level of government. and foreign states.—between citizens of the same state claiming lands under grants of different states. or the citizens thereof. the ratification of the Eleventh Amendment on February 7.—to controversies to which the United States shall be a party. again a consensus of the people. The Petitioner is aware of the Stripping Doctrine.— between citizens of different states. in law and equity.—to controversies between two or more states. But the Constitution was amended again in 1868 to protect various civil rights. When Congress enacted legislation under the auspices of Section 5 of the .—to all cases affecting ambassadors. under their authority. whereas. The courts have recognized that this new amendment. Amendment XI The judicial power of the United States shall not be construed to extend to any suit in law or equity. or by citizens or subjects of any foreign state. the provisions of that amendment. or which shall be made. Section 2.
The Court has no jurisdiction under 12(b) (1). 1964.…” The 14th Amendment. (U. The 1870 Act was passed to re-enact the previous measure. applied to State. The 1957 Act established the Civil Rights Commission to investigate violations of the 15th Amendment. Neither the 13th nor the 14th amendment empowers the Congress to legislate in matters of racial discrimination in the private sector. protected individual rights against infringement by the states. he continued. the US Supreme Court declared unconstitutional the 1870 law. and states can. 1968) US legislation. Bradley wrote. 1875. not to distinctions of race…but to slavery. The 1960 Act enabled court-appointed federal officials to protect black voting rights. The Civil Rights Act (1866) gave African-Americans citizenship and extended civil rights to all persons born in the USA (except Native Americans). 1882 Decided October 16th. The act was declared unconstitutional by the Supreme Court (1883–85). which was considered to be of dubious constitutionality. the .S. with John Marshall Harlan of Kentucky alone in dissent. Bradley.14th Amendment. The Petitioner will refer the Court’s attention to the 1875 Civil Rights Act. The 1875 Act was passed to outlaw discrimination in public places because of race or previous servitude. An act of violence to obstruct a court order became a federal offense. 3) which stated that the 14th Amendment. The Court decided that the Civil Rights Act of 1875 was unconstitutional. furthermore. actions.S. 3 (1883) Civil Rights Cases Submitted October Term. Supreme Court Civil Rights Cases. not by other individuals. they specifically abrogated 11th Amendment immunity. (2). education. under such federal statutes be prosecuted in federal court. not private. 1957. Civil Rights Acts (1866. 1960. In 1883. (3) over the Petitioner or people. The 1968 Act guaranteed equal treatment in housing and real estate to all citizens No level of the Executive or Judicial government has ever introduced into any Court action a real party of interest under Rule 17. The Supreme Court ruled that this Congressional enactment was unconstitutional. public accommodations and in federallyassisted programs.S. “The 13th Amendment has respect. 1870. 1888 109 U. The 1964 Act established as law equal rights for all citizens in voting. the constitutional basis of the act. Decision and Rationale: The 8-1 decision of the Court was delivered by Justice Joseph P. 109 U.
It nullifies and makes void all state legislation. The Petitioner was denied an administrative remedy which violates judicial review and the requirement of honest service. for the Court lacks judicial power to hear this case under the Eleventh Amendment. or which injures them in life. seventh (a suit in common law). The Plaintiffs are required to exhaust their administrative remedies before moving to a judicial review on the Petitioner. which impairs the privileges and immunities of citizens of the United States. The Court has failed to comply with protecting the rights of the Petitioner that a reasonable person would do under the Constitution and under the Bill Rights and the following amendments: first. the Court limited the impact of the Equal Protection Clause of the 14th Amendment. ninth. liberty or property without due process of law. It has a deeper and broader scope. Bradley commented that “individual invasion of individual rights is not the subject-matter of the 14th Amendment. If the Court claims it is in fact an Article 3 Court with judicial power under Article 3 section 2. SUBCHAPTER II The Petitioner reminds the Court that it is an Article I Administrative Court and lacks judicial power for review per the Eleventh Amendment. . fourth fifth.abridgment of rights presented in this case are to be considered as “ordinary civil injuries” rather than the imposition of badges of slavery.” Therefore. then the Petitioner’s constitutionally-protected rights and statutory rights have been violated. and the fourteenth. tenth. or which denies to any of them the equal protection of the laws. eighth. eleventh. ISSUE ELEVEN : ADMINISTRATIVE PROCEDURE UNDER TITLE 5 USC. and state action of every kind.
7.The Federal. TITLE 5 > PART I > CHAPTER 7 > § 702 § 702. TITLE 5 > PART III > Subpart B > CHAPTER 31 > SUBCHAPTER I > § 3105 § 3105. The United States may be named as a defendant in any such action. S. and a judgment or decree may be entered against the United States: Provided. departments or agencies The Administrative Procedure Act of 1946. or (2) confers authority to grant relief if any . An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. State or local government administrative. is entitled to judicial review thereof. State and local governmental Courts are misusing Federal. State and local governmental Courts are required under 28 USC 1652 to comply with Acts of Congress. As these are administrative. and their successors in office. 28 USC 451 Definitions is such an Act of Congress which defines who and what the Federal. Departments and Agencies to bring false claims against the People. and may not perform duties inconsistent with their duties and responsibilities as administrative law judges. Appointment of administrative law judges Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title). 60 stat 237 require that the people are provide with an administrative court under Title 5 USC to address these issue brought on by the Federal. or adversely affected or aggrieved by agency action within the meaning of a relevant statute. personally responsible for compliance. departments or agencies against the people. Administrative law judges shall be assigned to cases in rotation so far as practicable. Right of review A person suffering legal wrong because of agency action. Constitution and all Treaties created by Congress. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground. State and local Administrative.
Court of International Trade and any court created by Act of Congress. including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior. The term “department” means one of the executive departments enumerated in section 1 of Title 5. . costs (4) a foreign state. authority. or judicial branches of the government. amount in controversy. unless the context shows that such term was intended to be used in a more limited sense The Acts of Congress as provide by Title 28 USC clearly show that the plaintiff in this case has failed to clarified that they are under 28 USC 1332 TITLE 28 > PART IV > CHAPTER 85 > § 1332. TITLE 28 > PART I > CHAPTER 21 > § 451 § 451. The term “justice of the United States” includes the Chief Justice of the United States and the associate justices of the Supreme Court. district courts. The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title. independent establishment. The terms “district court” and “district court of the United States” mean the courts constituted by chapter 5 of this title. administration. district courts constituted by chapter 5 of this title. unless the context shows that such term was intended to describe the executive. Diversity of citizenship. The term “agency” includes any department. courts of appeals. commission. The term “judge of the United States” includes judges of the courts of appeals. board or bureau of the United States or any corporation in which the United States has a proprietary interest. the judges of which are entitled to hold office during good behavior. defined in section 1603 (a) of this title. as plaintiff and citizens of a State or of different States. legislative. Definitions As used in this title: The term “court of the United States” includes the Supreme Court of the United States.other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
(D) state the time within which the defendant must appear and defend. default (a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state: ISSUE TWELVE RULES OF COURT TITLE 28 App. Service. . (1) Contents. (B) be directed to the defendant. Definitions For purposes of this chapter— (a) A “foreign state”. > FEDERAL > TITLE > Rule 3. § 1608. Amendments. includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b). corporate or otherwise.§ 1603. Commencing an Action A civil action is commenced by filing a complaint with the court. TITLE 28 App. One Form of Action There is one form of action—the civil action. A summons must: (A) name the court and the parties. (b) An “agency or instrumentality of a foreign state” means any entity— (1) which is a separate legal person. > FEDERAL > TITLE > Rule 2. time to answer. or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof. TITLE 28 App. Summons (a) Contents. and (2) which is an organ of a foreign state or political subdivision thereof. (C) state the name and address of the plaintiff’s attorney or—if unrepresented—of the plaintiff. except as used in section 1608 of this title. > FEDERAL > TITLE > Rule 4.
or be substituted into the action. TITLE 28 App. (C) a guardian. Certification. and (G) a party authorized by statute. > FEDERAL > TITLE > Rule 5. or one of its officers or employees in an official capacity. (1) Designation in General. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) an executor. (3) Joinder of the Real Party in Interest. and Intervention (a) Notice by a Party. (F) a party with whom or in whose name a contract has been made for another’s benefit. join. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until. (B) an administrator. Capacity. if: (A) a federal statute is questioned and the parties do not include the United States. (D) a bailee. a reasonable time has been allowed for the real party in interest to ratify. or substitution. . Public Officers (a) Real Party in Interest. Plaintiff and Defendant. > FEDERAL > TITLE > Rule 17. Constitutional Challenge to a Statute —Notice. written motion. (E) a trustee of an express trust. the action proceeds as if it had been originally commenced by the real party in interest. or one of its officers or employees in an official capacity.1. after an objection. one of its agencies. or (B) a state statute is questioned and the parties do not include the state.(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint. An action must be prosecuted in the name of the real party in interest. and (G) bear the court’s seal. A party that files a pleading. (F) be signed by the clerk. or other paper drawing into question the constitutionality of a federal or state statute must promptly: (1) file a notice of constitutional question stating the question and identifying the paper that raises it. one of its agencies. After ratification. joinder. TITLE 28 App.
. ISSUE THIRTEEN: OFFICE OF ATTORNEY GENERAL AND U. UNITED STATES ATTORNEYS’ MANUAL CHAPTER 3-2. or a party with constitutional standing. as well as the position of U. Attorney for each district. The history is set forth in the United States Attorneys’ Manual: The States Attorney General Office and all whom prosecute in the NAME OF THE STATE come under the same judiciary act which created the inferior Courts of the States.000: United States Attorneys. Special Assistants. S. summons.S. Assistant United States Attorneys. ATTORNEY ARE ADMINISTRATIVE ONLY The Judiciary Act of 1789 created the inferior courts and the Office of Attorney General. department or and agency to bring such a claim. No place in the Rules does it allow an administration.. whose duty it shall be to prosecute in each district all delinquents for crimes and offenses. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name. The plaintiff has failed to provide any writing documents of a complaint. recognizable under the authority of the United . As defines under the Acts of Congress the plaintiff clearly comes under 28 USC 1331 and under Title 5 as defined under 28 USC 451.110 HISTORY The Office of the United States Attorney was created by the Judiciary Act of 1789 which provided for the appointment "in each district of a meet person learned in the law to act as attorney for the United States.(d) Public Officer’s Title and Name. but the court may order that the officer’s name be added. and the AGAC 3-2. or a real party of interest.
The jurisdiction derives from Article 1 section 8. suits or proceedings pending in the district against collectors. The Attorney General has limited jurisdiction to prosecute. 514. 491. See 22 Op. or proceedings in which the United States is concerned.C. the duty to "prosecute for all offenses against the United States. 1870 (Ch. and all civil actions in which the United States shall be concerned. 547. Att'y Gen. 39. 23 Op. United States Attorneys were not supervised by the Attorney General (1 Op. 164) and the Act of June 30. the Department of Justice Act of June 22. all civil actions. 37. suits. This duty is to be discharged under the supervision of the Attorney General.S. 35. Att'y Gen.States. Initially. and by them paid into the Treasury. 547(1)." 1 Stat. and forfeitures incurred for violation of any revenue law unless satisfied upon investigation that justice does not require such proceedings. has the responsibility and authority to: (a) prosecute for all offenses against the United States. (c) appear on behalf of the defendants in all civil actions. and has direction of all United States Attorneys.C. (e) make such reports as the Attorney General shall direct. 515. to regulate commerce with foreign nations and among .S. 92. 1861. 507. (b) prosecute or defend. See 28 U. Today. 12 Stat.. Secs. and their assistants." See 28 U. the United States Attorney retains. for the government. 185) charged the Attorney General with the "general superintendence and direction duties. 16 Stat.140 AUTHORITY Although the Attorney General has supervision over all litigation to which the United States or any agency thereof is a party... Sec. each United States Attorney. Sec. 608) but Congress. penalties.C. 816) clearly established the power of the Attorney General to supervise criminal and civil proceedings in any district. 3-2. within his/her district. Sec. (Ch. in the Act of August 2. 519." While the precise nature of the superintendence and direction was not defined.Att'y Gen. 1906 (Ch. in the discharge of their respective duties (28 U. 519).S. 34 Stat. 28 U. among other responsibilities. 150..S.C. (d) institute and prosecute proceedings for the collection of fines. as in 1789. or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to such officers.
or by Citizens or Subjects of any Foreign State. The Office of Attorney General of the federal and State government and all employees under that office. Their professional abilities and the need for their impartiality in administering justice directly affect the public's perception of federal law enforcement. statutory laws.the several states and with Indian Tribes. Now. but now have Article I administrative standing. and not Executive / administrative. by Congressional mandate. lacks the authority to bring charges against the people it violate article I section 8 . departments. by and through the 11th amendment. United States Attorneys conduct most of the trial work in which the United States is a party. the Attorney General falls under the 11th amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity. In the exercise of their prosecutorial discretion. as the Office clearly comes under “Judicial” and not “Executive. lack the authority to set forth any action in any Court in LAW OR EQUITY. and any action is a “presumption.” which is in direct conflict with the constitution. thereby lacking any authority in Law or Equity. and all employees of the Office of Attorney General.” By virtue of this grant of statutory authority and the practical realities of representing the United States throughout the country. and limited to functioning as administrative review boards to hear cases against agencies. as the facts have been placed before the . Congressional mandate and the procedures. They are the principal federal law enforcement officers in their judicial districts. Now that it has been shown that the position of Attorney General was created by Congress under the Judiciary Act of 1789.” The Office of Attorney General. United States Attorneys construe and implement the policy of the Department of Justice. commenced or prosecuted against one of the United States by Citizens of another State. making the Prosecutor’s role Judicial. as they are. per the 11th amendment. the Courts and the position of Attorney General no longer derive Article III Constitutional standing. and public officials brought by the people. The Courts and Prosecutors lack jurisdiction in any criminal action against the people. They have no force in effect in Law or Equity. administrative courts.
in a State. If this flag is flown. or both. that any part or class of its people is deprived of a right. A legal device which operates in the absence of other proof to require that certain inferences be drawn from the available evidence. This Gold Fringe Flag comes under the United States Army Regulation 84010 as a Military Flag. or to give that protection. by which finding of a basic fact gives rise to existence of presumed fact. as such. as laid out in this document. by using the militia or the armed forces. . The Court’s only choice is to rule in favor of the Petitioner / People. unlawful combination. defines "presumption" as follows: A presumption is a rule of law. ISSUE FOURTEEN: GOLD FRINGE FLAG The Petitioner hereby is placing the Court. any insurrection. the Prosecutor.. if it— (1) so hinders the execution of the laws of that State. and any other agent of the Court. Sixth Edition.. or immunity. and the constituted authorities of that State are unable. or . TITLE 10 > Subtitle A > PART I > CHAPTER 15 §333 cannot be violated and is the controlling law. does not exist. or by any other means. it is then required to rebut or disprove that such Congressional mandate. privilege. is a defendant. or protection named in the Constitution and secured by law. privilege. TITLE 10 > Subtitle A > PART I > CHAPTER 15 §333 Interference with State and Federal law The President. shall take such measures as he considers necessary to suppress. or refuse to protect that right. fail. on Notice regarding the Gold Fringe Flag with the Eagle flying in the Courtroom. it then represents Military and Presidential authority over this hearing. domestic violence. or if the State. and of the United States within the State. statutory or judicial. Black's Law Dictionary. until presumption is rebutted.Court and the prosecution. or conspiracy. immunity.
1523. SEDITION.(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. This Gold Fringe Flag does not represent admiralty or maritime jurisdiction or contract jurisdiction. 1621. 397. martial law and military court martial. AND SUBVERSIVE ACTIVITIES. 1346. This Gold Fringe Flag with the Eagle represents martial rule. Any failure on the part of this court or any of its court officers to uphold Title 10 §333 are in violation of 18 USC Chapter 115 TREASON. 15 February. 1001. then the constitution has been suspended and public offices are not operating under the law or the constitution and all elections or appointments have been done under fraudulent means. of the United States Congressional Record (House Calendar No. Title 4 of the United States Code clearly states how the American flag is to be displayed and any such violation holds a one year penalty for ALL Court officers standing before the flag. the State shall be considered to have denied the equal protection of the laws secured by the Constitution. pp. 1913. 242. ISSUE FIFTEEN CONSTITUTIONAL CONTEMPT Jesuit Extreme Oath The following is the text of the Jesuit Extreme Oath of Induction as recorded in the Journals of the 62nd Congress. . as well as the following criminal codes: 18 USC 241. 3215-3216). If the Court is operating under martial law. This Court and its officers are now put on notice to come into compliance with the law under military guidelines. 1918 and a NOTICE OF FELONY will be attached to further advise of other federal statute violations by the court and its officers. 3rd Session. The Court and its officers are educated in the law since they are the ones that wrote the statutes that have been placed in this Court record. In any situation covered by clause (1). Report No.
when opportunity presents. waste. I will subscribe my name written in my own blood. rank. make and wage relentless war. whatever may be their condition in life. against all heretics. and that I will leave my party so to do. That I will place Catholic girls in . or authority of the person or persons. as I am directed to do. secretly or openly. and crush their infants' heads against the walls in order to annihilate their execrable race. dignity or authority of the persons. That I will not deal with or employ a Protestant if in my power to deal with or employ a Catholic.I furthermore promise and declare that I will. in order to annihilate forever their execrable race. soul. especially a Mason. the strangulation cord. make and wage relentless war. my belly be opened and sulphur burned therein with all the punishment that can be inflicted upon me on earth. I will secretly use the poisoned cup. and my throat from ear to ear. That when the same cannot be done openly. boil. as I at any time may be directed so to do by any agent of the Pope or Superior of the Brotherhood of the Holy Faith. whatever may be their condition in life. to extirpate and exterminate them from the face of the whole earth. sex or condition. I do further promise and declare that I will. and that I will hang. I hereby dedicate my life. of the Society of Jesus. or weaken in my determination. and should I prove false. That when the same cannot be done openly I will secretly use the poisonous cup. against all heretics. in testimony thereof. boil. to extirpate them from the face of the whole earth. and my soul shall be tortured by demons in eternal hell forever. Protestants and Masons. regardless of the honour. that if two Catholics are on the ticket I will satisfy myself which is the better supporter of Mother Church and vote accordingly. when opportunity presents. may my brethren and fellow soldiers of the Militia of the Pope cut off my hands and my feet. and all corporal powers. the steel of the poinard dignity. That I will in voting always vote for a Knight of Columbus in preference to a Protestant. the strangulating cord. and that I will spare neither age. as I am directed to do. and bury alive these infamous heretics. waste. my belly opened and sulphur burned therein. with all the punishment that can be inflicted upon me on earth and my soul be tortured by demons in an eternal hell forever! In confirmation of which I hereby dedicate my life. strangle and bury alive these infamous heretics. sex nor condition. and that will hang. and with this dagger which I now receive. flay. In confirmation of which. may my brethren and fellow soldiers of the militia of the Pope cut off my hands and feet and my throat from ear to ear. or the leaden bullet. secretly and openly. the steel of the poniard. Protestants and Liberals. as I at any time may be directed so to do by any agents of the Pope or Superior of the Brotherhood of the Holy Father of the Society of Jesus. rip up the stomachs and wombs of their women. my soul and all my corporeal powers. and with the dagger which I now receive I will subscribe my name written in my blood in testimony thereof. rip up the stomachs and wombs of their women and crush their infants heads against the walls. and that I will spare neither age. flay. burn. and should I prove false or weaken in my determination. either public or private. either public or private. burn. strangle.
Psalms 117:2. do swear by the blessed Trinity and blessed Sacrament. John 8:32. an Truth is Sovereign: She comes from God and bears His message. this court must perform its duty under the Rule of Law. II Corinthians._______________. or I am commanded to defend the Church either as an individual or with the militia of the Pope. CONCLUSION AND RECTUM ROGARE The facts and the law contained herein are the Truth. In testimony hereof. I take this most holy and blessed sacrament of the Eucharist and witness the same further with my name written with the point of this dagger dipped in my own blood and seal in the face of this holy sacrament. to perform and on my part to keep inviolably. That I will provide myself with arms and ammunition that I may be in readiness when the word is passed. . to petition the judge to do right. THEREFORE. In testimony hereof I take this most holy and blessed Sacrament of the Eucharist. for no words can alter or overcome these Truths.Protestant families that a weekly report may be made of the inner movements of the heretics. M_______ N_______ ." --Black's Law Dictionary. and witness the same further. from whatever quarter her great eyes may look down upon you. and we hold said Truths to be self-evident. 4th edition. and do call all the heavenly and glorious host of heaven to witness these my real intentions to keep this my oath. 13:8. and self-evident Truths are undisputed and incontrovertible. do Justice.” Rectum Rogare . no oral argument is requested. Rectum Rogare. with my name written with the point of this dagger dipped in my own blood and sealed in the face of this holy convent. do swear by the blessed Trinity and blessed sacrament which I am now to receive to perform and on part to keep this my oath."to do right." All of which I. and DISMISS WITH PREJUDICE AND REVERSE the abovealphanumeric code # without delay for “Justice delayed is Justice denied. which I am now to receive. All of which I.
Those who hold office have knowingly and willingly given up their citizenship to this country under Title 8 Section §1481 to become a foreign state agent under 22 USC. and to facilitate their restoration. 42 USC §1981 & 31 USC §3729 just to name a few.' passed March 2." This act created the 14th Amendment federal citizen under section 3 of the federal constitution. An Act supplementary to an act entitled "An act to provide for the more efficient government of the rebel states. §242.FURTHER CONSIDERATION: AMENDATORY RECONSTRUCTION ACT OF MARCH 11. 1868 An Act to amend the act passed March 2. and to facilitate restoration. The 1933 bankruptcy act placed all public officials in a fiduciary position to write off the public debt. §1001. chapter 115 §2382. eighteen hundred and sixtyseven. since this Nation is not . The Federal Debt Collection Procedure places all courts under equity and commerce and under the International Monetary Fund. "An Act supplementary to 'An act to provide for the more efficient government of the rebel states. failure to do so violates 10 USC §333 and 18 USC §1918. §2383. entitled. The International Monetary Fund comes under the Uniform Commercial Code under banking and business interest and Trust laws. This makes the Court / Judges trustee over the trust and responsible whether or not the Petitioner understands the trust issue. All who hold public office fall under this section as UNITED STATES citizens. 1867. The oath of office to the constitution requires office-holders to uphold and maintain our Constitutional form of government under the people’s authority. passed March second. 1867. §241. This right was never surrendered by the people. §1505." SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.
the standard American flag in the courtroom was replaced with a military Admiralty flag for dealing with "alien enemy residents. the adversarial system attempts to ensure that an active judge refrain from allowing a preliminary understanding of the issues to improperly influence the final decision.” Any charges under the “UNITED STATES” or “THE STATE OF……. (5). and therefore. the Respondent / Court lacks jurisdiction under Rule 4(j) & 12(b) (1). (6) over this Complainant. and under Rule 17.S. Chief Justice Cavanagh. The people hold 11th Amendment immunity to claims in equity and commerce from a foreign state. Federal Rules of Civil Procedure / Rules of Civil Procedure Rule 2 only allows civil action. . The majority fails to comprehend how the skilled advocates in this case could have added anything insightful in the debate over the proper interpretation of a century's worth of precedent. Those who hold public office rescinded their nationality to become a foreign agent in order to hold public office. (3). a real party of interest has to be present in the courtroom in order for there to be any claims of injury or damages against “the people. "The adversarial system ensures the best presentation of arguments and theories because each party is motivated to succeed. For the aforestated reasons. Mack vs. The people are not subject to this jurisdiction as it is a Foreign State jurisdiction. In spite of these underlying concerns. This allows the judiciary to keep an open mind until the proofs and arguments have been adequately submitted. Whatever its motivation. International law requires the judge to uphold the people’s Constitutional form of government as defined in the “Federalist Papers”. City of Detroit. The courts lack jurisdiction over the Complainant by Congressional mandate.solvent. Adversarial System. (4).. No. Moreover. the majority today claims that the benefits of full briefing are simply a formality that can be discarded without care. 2002." The people never rescinded or revoked their nationality to the real united States of America. The 1917 Trading With the Enemy Act (amended in 1933) suspended the U. (2). 118468.” fall under the TWEA Section 23. Constitution in the court room. the majority undermines the foundations of our adversarial system.
a false record or statement to get a false or fraudulent claim paid or approved by the Government. to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval. . or both.The Complainant is covered under Title 18 § 4 Misprision of felony & Title 31 USC §3729 False Claims as Whistle-blowers. The action shall be brought in the name of the Government.— (1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. or causes to be presented. TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER III §3729. (3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER III §3730 Civil actions for false claims (b) Actions by Private Persons. shall be fined under this title or imprisoned not more than three years. (2) knowingly makes. False claims(a) Liability for Certain Acts. conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States. or causes to be made or used. uses.— Any person who— (1) knowingly presents. TITLE 18 > PART I > CHAPTER 1 § 4 Misprision of felony Whoever. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. having knowledge of the actual commission of a felony cognizable by a court of the United States.
frivolous and unintelligible” or a conflict in the laws. Any failure for the judge to adhere is a violation under 18 USC 1001. The people cannot be held accountable if there is a failure to clarify or if its “incomprehensible.These are the laws as we know them—clear. and other Departments now have to be notified of this "domestic terrorism. 2011 Carroll." ALL RIGHTS RESERVED TO AMEND WITHOUT LEAVE OF COURT Submitted this _______ day of _________________. logically and legally incomprehensible.Arthur-Mizell 3045 oreana dr. grammatically. This then goes back to those “LAWYERS” who created this conflict in law to be held accountable. SECTION 800.” not the people. baseless assertions and citations to disjointed and/or irrelevant legal authority. precise and written by those with superior knowledge of the law: “LAWYERS. 2331 and 10 USC 333 This now violates the PATRIOT ACT. Reno Nevada 89509 NAME HERE AND ADDRESS . 1346 1505. HOMELAND SECUIRTY.
CRIMINAL COMPLAINT NOTICE OF FELONY To: Administrative Office of the Courts. COMPLAINANT. ‘persons’ within the 14th Amendment.S. Title VI section 601-Non-discrimination of federally assisted programs under the Appalachian Regional Commission. section three. Carroll. acting in the name of We the People and pursuant to Article VI. Title 42. § 1988 & 1983. The . 2 Violation of the Civil Rights Act of 1964. Now comes. The original intent of the Federal Bill of Rights in qualifying for federal grants and loans.C. CHARGES 1 Violation of the original intent of the 14th Amendment. U.Arthur-Mizell. the Supremacy clause and the Civil Rights Attorney's Fees Award Act of 1976. Civil Rights. clause 2 of the Constitution of the United States of America.
The United States Supreme Court (359 U. 96 stat 1211” Oct 4 1982 & Executive Order 6100 of Sept 22 1990.S. or that any written testimony. that he will testify.Highway Safety Act of 1966. depose. did willfully and knowingly violate said oath in an open court of Law by failing to timely move to protect and defend the United States Constitution. that being a felony of perjury of their Oaths of Office. or certificate by him subscribed. in any case in which a law of the United States authorizes an oath to be administered. or certify truly. officer. or person. wilfully and . section 10 of the United States Constitution grants states the authority to enter into an “agreement or compact with another state” with the consent of Congress. having taken an Oath to support and defend the United States Constitution. deposition. et al. CONGRESS DECLARES BIBLE "THE WORD OF GOD Public Law 97-280. The National Drivers Act of 1982 for states compact as determined in opinion by the United States Supreme Court: The United States Supreme Court (359 U.___________________.S. 275 at 285) Interstate Compacts Article I. is true. with the exception of the required consent of Congress. TITLE 18 > PART I > CHAPTER 79 > § 1621 Perjury generally Whoever— (1) having taken an oath before a competent tribunal. 275 at 285) opined in 1959 that an interstate compact is a “contract” protected by the Constitution’s contract clause forbidding a state legislature to enact a “law impairing the obligation of contracts. declaration.” COUNT I Judge. The constitution contains no restrictions on the subject matter of a compact and is silent about the process by which states may enter into compacts. declare.
our contracts. 2382. is guilty of treason and shall suffer death. certificate. TITLE 18 § 4. or (2) in any declaration. our schools. 2384. giving them aid and comfort within the United States or elsewhere. and our Government. conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States. 4. Treason Whoever. or both. owing allegiance to the United States. 2381. 2383. be fined under this title or imprisoned not more than five years. al owing allegiance to the United States and the United States Constitution. is punishable under USC Title 18 sections 3. our homes. or statement under penalty of perjury as permitted under section 1746 of title 28. or both. having knowledge of the actual commission of a felony cognizable by a court of the United States. except as otherwise expressly provided by law. is guilty of perjury and shall.contrary to such oath states or subscribes any material matter which he does not believe to be true. United States Code. wilfully subscribes as true any material matter which he does not believe to be true. COUNT II Judge. Said acts defined in the United States Constitution Article III section 3. did willfully and knowingly give aid and comfort to those et al defendants whose acts are subversive to the United States and as such are destroying our children. shall be fined under this title or imprisoned not more than three years. Misprision of felony Whoever. levies war against them or adheres to their enemies. our business. our money system. _______________ et. or shall be imprisoned not . our churches. verification. TITLE 18 § 2381. This section is applicable whether the statement or subscription is made within or without the United States.
or possess any property of the United States contrary to the authority thereof. owing allegiance to the United States and having knowledge of the commission of any treason against them. or both. put down. hinder. or by force to prevent. conceals and does not. or gives aid or comfort thereto.000. conspire to overthrow. as soon as may be. Misprision of treason Whoever. TITLE 18 § 2384. they shall each be fined under this title or imprisoned not more than twenty years. or in any place subject to the jurisdiction of the United States. or both. or both. or to levy war against them. Rebellion or insurrection Whoever incites. or to oppose by force the authority thereof. sets on foot. shall be fined under this title or imprisoned not more than ten years. or to the governor or to some judge or justice of a particular State. take. assists. is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years. disclose and make known the same to the President or to some judge of the United States. COUNT III . or by force to seize. Seditious conspiracy If two or more persons in any State or Territory. TITLE 18 § 2382. and shall be incapable of holding any office under the United States.less than five years and fined under this title but not less than $10. or to destroy by force the Government of the United States. TITLE 18 § 2383. or delay the execution of any law of the United States. and shall be incapable of holding any office under the United States. or engages in any rebellion or insurrection against the authority of the United States or the laws thereof.
or an attempt to kill. or to different punishments. or because of his having so exercised the same. TITLE 18 § 241. or on the premises of another. shall be fined under this title or imprisoned not more than one year. TITLE 18 § 242. or both. or District to the deprivation of any rights. or both. wilfully subjects any person in any State. under color of any law. or If two or more persons go in disguise on the highway. than are prescribed for the punishment of citizens. or by reason of his color. or custom. with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured— They shall be fined under this title or imprisoned not more than ten years. Conspiracy against rights If two or more persons conspire to injure. or immunities secured or protected by the Constitution or laws of the United States. Commonwealth. Commonwealth. they shall be fined under this title or imprisoned for any term of years or for life. oppress. or penalties. or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States. statute. and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap. or both. did willfully and knowingly violate said oath in an open court of Law by violating the constitutional Rights of Sovereign American Citizens by not upholding his/her Bill of Rights which is a felony. or intimidate any person in any State. threaten. regulation. Territory. pains. or race. having taken an oath to support and defend the United States and the United States Constitution. Deprivation of rights under color of law Whoever. privileges. or may be sentenced to death. ordinance.Judge ________________ et al. Territory. aggravated sexual abuse or an attempt to commit aggravated sexual abuse. on account of such person being an alien. Possession. and if . Possession.
attempted use. or both. or may be sentenced to death. or fire. and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap. while serving in any public office elected and appointed. or an attempt to commit aggravated sexual abuse. a false record or statement to get a false or fraudulent claim paid or approved by the Government. shall be fined under this title or imprisoned not more than ten years. or causes to be made or used. or both. did willfully and knowingly violate the constitutional Rights of those Citizen electors. or imprisoned for any term of years or for life. FALSE CLAIMS (a) Liability for certain acts. or an attempt to kill. or causes to be presented. COUNT IV Judge _______________ et al.bodily injury results from the acts committed in violation of this section or if such acts include the use. (2) knowingly makes.--Any person who-(1) knowingly presents. 3729. explosives. shall be fined under this title. aggravated sexual abuse. for having taken a fraudulent oath as ‘fiduciary trustee’ of a political subdivision of the state in an assumed position as a private ‘person’ not having immunity or privilege within the intent of the original 14th Amendment nor having 11th Amendment standing. TITLE 31 SEC. to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval. . uses. or threatened use of a dangerous weapon. That the entire classification of 14th Amendment section three ‘persons’ have engaged in section four rebellion and insurrection against Lawful authority and have created a public debt from said un-Lawful offices and policies.
(6) knowingly buys. a false record or statement to conceal. (5) authorized to make or deliver a document certifying receipt of property used. or decrease an obligation to pay or transmit money or property to the Government. (4) has possession.000 and not more than $10. except that if the court finds that– (A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information.(3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. public property from an officer or employee of the Government. (B) such person fully cooperated with any Government investigation of such . intending to defraud the Government or wilfully to conceal the property.000. who lawfully may not sell or pledge the property. avoid. or control of property or money used. or to be used. delivers. or a member of the Armed Forces. custody. less property than the amount for which the person receives a certificate or receipt. or (7) knowingly makes. by the Government and. intending to defraud the Government. or receives as a pledge of an obligation or debt. uses. by the Government and. or causes to be delivered. or causes to be made or used. is liable to the United States Government for a civil penalty of not less than $5. or to be used. plus 3 times the amount of damages which the Government sustains because of the act of that person. makes or delivers the receipt without completely knowing that the information on the receipt is true.
(2) acts in deliberate ignorance of the truth or falsity of the information. the terms "knowing" and "knowingly" mean that a person.—Any information furnished pursuant to subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure under section 552 of title 5. grantee. grantee. and no proof of specific intent to defraud is required. (c) Claim defined. civil action. A person violating this subsection shall also be liable to the United States Government for the costs of a civil action brought to recover any such penalty or damages. or administrative action had commenced under this title with respect to such violation. or (3) acts in reckless disregard of the truth or falsity of the information. . or other recipient if the United States Government provides any portion of the money or property which is requested or demanded.--For purposes of this section. and the person did not have actual knowledge of the existence of an investigation into such violation. (d) Exemption from disclosure. the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of the person. whether under a contract or otherwise. or if the Government will reimburse such contractor. (b) Knowing and knowingly defined. no criminal prosecution.violation. for money or property which is made to a contractor.—For purposes of this section. or other recipient for any portion of the money or property which is requested or demanded. “claim” includes any request or demand. and (C) at the time such person furnished the United States with the information about the violation. with respect to information-(1) has actual knowledge of the information.
that the person forfeit to the United States— (4) any property constituting. which shall not apply to forfeitures under this section. shall order. directly or indirectly. any proceeds the person obtained. 853). shall be governed by section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U. and proportionality of the use of the property in the offense.S. Criminal forfeiture (3) The court. scope. in any of the circumstances set forth in subsection (d). knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10. (b) . TITLE 18 §1957.1834. shall be punished as provided in subsection (b). except for subsections (d) and (j) of such section. if the court in its discretion so determines. Engaging in monetary transactions in property derived from specified unlawful activity (3 Whoever. TITLE 18 Sec. or derived from. taking into consideration the nature. any seizure and disposition thereof. or intended to be used.(e) Exclusion. in addition to any other sentence imposed. (b) Property subject to forfeiture under this section.C. and (2) any of the person’s property used.—This section does not apply to claims. in imposing sentence on a person for a violation of this chapter. records. as the result of such violation. to commit or facilitate the commission of such violation. or statements made under the Internal Revenue Code of 1986.000 and is derived from specified unlawful activity. and any administrative or judicial proceeding in relation thereto. in any manner or part.
(f) As used in this section— (3) the term “monetary transaction” means the deposit. transfer. but the defendant is a United States person (as defined in section 3077 of this title. with respect to offenses over which the United States Postal Service has jurisdiction. the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. in or affecting interstate or foreign commerce. or imprisonment for not more than ten years or both. (c) n a prosecution for an offense under this section. (e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct. withdrawal. but excluding the class described in paragraph (2)(D) of such section). United States Code. Such authority of the Secretary of the Treasury and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury. by the Postal Service. or (2) that the offense under this section takes place outside the United States and such special jurisdiction. of funds or a monetary instrument (as defined in section 1956 ©(5) of this title) by. or exchange. through. (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction.(3) Except as provided in paragraph (2). the Postal Service. or to a financial institution (as defined in section 1956 of this title). and by such components of the Department of the Treasury as the Secretary of the Treasury may direct. the punishment for an offense under this section is a fine under title 18. as appropriate and. (d) The circumstances referred to in subsection (a) are— (3) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States. and the Attorney General. including any .
proceeds obtained from a criminal offense.Civil rights remedies equalization (a) General provision (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 (29 U.transaction that would be a financial transaction under section 1956 ©(4)(B) of this title.C. the Age Discrimination Act of 1975 (42 U.S. 1986 TITLE 18 > PART I > CHAPTER 63 > § 1341 § 1341. (b) Effective date The provisions of subsection (a) of this section shall take effect with respect to violations that occur in whole or in part after October 21. 794).C. 1681 et seq. 2000d et seq.). (2) In a suit against a State for a violation of a statute referred to in paragraph (1). or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. title VI of the Civil Rights Act of 1964 (42 U. but such term does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution. or derived from. 2000 d-7. Frauds and swindles . title IX of the Education Amendments of 1972 (20 U.S.C.C.S. TITLE 42 Sec.S. .).). (2) the term “criminally derived property” means any property constituting. and (3) the term “specified unlawful activity” has the meaning given that term in section 1956 of this title. 6101 et seq.
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
18 U.S.C. §1343—Elements of Wire Fraud The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme. United States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995) (citing United States v. Ames Sintering Co., 927 F.2d 232, 234 (6th Cir. 1990) (per curiam)); United States v. Frey, 42 F.3d 795, 797 (3d Cir. 1994) (wire fraud is identical to mail fraud statute except that it speaks of communications transmitted by wire); see also, e.g., United States v. Profit, 49 F.3d 404, 406 n. 1 (8th Cir.) (the four essential elements of the crime of wire fraud are: (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used) (citing Manual of Model Criminal Jury Instructions
for the District Courts of the Eighth Circuit 6.18.1341 (West 1994)), cert. denied, 115 S.Ct. 2289 (1995); United States v. Hanson, 41 F.3d 580, 583 (10th Cir. 1994) (two elements comprise the crime of wire fraud: (1) a scheme or artifice to defraud; and (2) use of interstate wire communication to facilitate that scheme); United States v. Faulkner, 17 F.3d 745, 771 (5th Cir. 1994) (essential elements of wire fraud are: (1) a scheme to defraud and (2) the use of, or causing the use of, interstate wire communications to execute the scheme), cert. denied, 115 S.Ct. 193 (1995); United States v. Cassiere, 4 F.3d 1006 (1st Cir. 1993) (to prove wire fraud government must show (1) scheme to defraud by means of false pretenses, (2) defendant's knowing and willful participation in scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of scheme); United States v. Maxwell, 920 F.2d 1028, 1035 (D.C. Cir. 1990) ("Wire fraud requires proof of (1) a scheme to defraud; and (2) the use of an interstate wire communication to further the scheme.").
Judge _______________, et al, having taken an oath to support and defend the United States and the United States Constitution and the statutes of the United States and of this State, did willfully and knowingly violate said oath by means of Obstruction of Justice of the Law by violating the constitutional Rights of Sovereign American Citizens by not upholding his/her Bill of Rights which is a felony.
ANTI-COURRUPTION ACT NO 6494
The term “public officials” means the persons falling under any of the following:
(a) The public officials under the State Public Officials Act and the Local Public Officials Act, and other persons who are recognized by other Acts as public
officials in terms of qualifications, appointments, education and training, services, remunerations, status guarantee, etc; and (b) The heads of organizations related to the civil service provided for in subparagraph 1(d) and the employees of such organizations.
The term “act of corruption” means the act falling under any of the following: (a) The act of any public official's seeking gains for himself/herself or for any third party by abusing his/her position or authority or violating Acts and subordinate statutes in connection with his/her duties; and
(b) The act of causing damages to the property of any public agency in violation of Acts and subordinate statutes, in the process of executing the budget of the relevant public agency, acquiring, managing, or disposing of the property of the relevant public agency, or entering into and executing a contract to which the relevant public agency is a party.
TITLE 18 > PART I > CHAPTER 63 > § 1346. Definition of “scheme or artifice to defraud” For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
US Attorneys > USAM > Title 9 > Criminal Resource Manual 1721 1721 Protection of Government Processes—Obstruction of Justice—Scope of 18 U.S.C. § 1503
Section 1503 of Title 18, United States Code, as amended by the Victim and Witness Protection Act of 1982, forbids tampering with or retaliating against any grand or petit juror, or any officer in or of any court of the United States by threats or force or by
1981).S. United States Courts of Appeals Judges. Brimberry. Bucey. cert.2d 567 (5th Cir. 991 F.2d 702. 470 (9th Cir. 444 U. 36 F. United States v. United States v. 951 F. United States. United States v. Margoles. 311 U. 112 F. 976 (5th Cir. 239 F. 294 F.S.S. 586 F. denied. Neal. Roberts v. United States v. 950 (1993).2d 1297. Phillips v. · United States Bankruptcy Judges. 1989). Federal prosecutors and defense counsel. denied. cert. 876 F. Edwards. United States. 1981) (by implication). Federal court staff attorneys.).S. 1978) (per curiam) (by implication). supra. Jones. 653 (1940). law clerks to Federal judges. 713 (11th Cir.2d 625 (9th Cir. 69 F. 373 (7th Cir.3d 639. United States v. denied. · United States Attorneys. United States v. 510 U.3d 1468 (9th Cir. supra. Fasolino.S. 890 (2d Cir. denied.C. Federal court reporters. 454 U. 1994). United States v." Section 1503 also contains an omnibus clause prohibiting the obstruction of "the due administration of justice. denied. Saget. cert. 1004 (1989).). § 1503 applies to civil. 1157 (1982). Polakoff.).2d 843. it is no defense that such obstruction was unsuccessful."endeavors to influence.2d 888. denied. 663 F. Jones.2d 939 (2d Cir. 663 F. United States v. cert.S. 744 F.S.2d 968. 874 F. Glickman. cert. 930 (1961). 604 F. (9th Cir. 481 U. 1080 (1980). Neal. cert. 368 U. supra. 298 . those specifically enumerated in the first part of the provision. many courts have held that it is possible to obstruct justice under section 1503 by means similar to. United States v.2d 580 (7th Cir.S. cert. 1995) (by implication).2d 630. Rasheed. United States v. Because 18 U. 645 (7th Cir. intimidate. 1956). United States v." By virtue of the omnibus clause. United States v. as well as criminal judicial proceedings. United States v. United States v. The term "officer in or of any court of the United States" includes: · United States District Judges. or impede. · Supreme Court Justices. 1039 (1987). but different from. sub.2d 467. Neal.2d 371. Fulbright.). 1984). 850-52 (9th Cir. clerks of Federal courts. Sneed v. 493 U. or that it was impossible to accomplish. 1992). nom. 1979) (by implication). A party may be prosecuted under section 1503 for endeavoring to obstruct justice. United States v. United States. 632 (5th Cir. Williams. denied. United States Magistrate Judges.
§ 1503 may be used to charge a defendant with witness tampering.C. 1991) (construing the 1988 amendment to section 1512 as evidence of Congress's intent that witnesses were removed entirely from section 1503). Osborn. 137 F. 912 (5th Cir. 396 U. 1984).S. 1992).S. Jackson.S. Neal. § 1503 The omnibus clause of section 1503 "makes an offense of any proscribed endeavor. 874 F.S. 788 F. United States v.2d at 632. 951 F. 1969) (en banc). 1985). Neal. Moody.) (by implication). denied. But see United States v. Rovetuso. 1222 (8th Cir.C. denied. 977 F. cert." United States v. 323 (1966). Kenny. see Nye v. Branch. 1992). cert. Masterpol. 768 F. denied. 755 (1943).2d 809 (7th Cir.2d 1080 (5th Cir. denied. 479 U. 632 (5th Cir. Williams.2d 1219. 265 U.S. United States v. United States v. 607 F.2d 630. without regard to the technicalities of the law or to the law of impossibility. denied. 1080 (1980). see United States v.F. United States v. cert.S. 507 U. 850 F. United States v. cert. 940 F.2d 73 (4th Cir.2d 760 (2d Cir. 488 U. 320 U. 1015 (1970). 1988).2d 1288 (9th Cir. United States v. also covered by the statute. cert.). cert. citing Osborn v. United States.2d 1361 (8th Cir. 749 F. Lester. 474 U.2d 1021. 415 F. US Attorneys > USAM > Title 9 > Criminal Resource Manual 1724 1724 Protection of Government Processes—Omnibus Clause -. private attorneys are. 1989). denied. The clause was "intended to cover all endeavors to obstruct justice" and as such "was drafted with an eye to the variety of corrupt methods by which the proper administration of justice may be impeded or thwarted. a variety limited only by the imagination of the criminally inclined. Risken.S. cert." United States v. 951 F. 590 (1924).2d 339 (4th Cir. 444 U. United States. United States v.S. United States v. 1979).S. A venireman is a "petit juror" within the meaning of section 1503.S. 923 (1986). 1992). arguably.2d 1420 (11th Cir.2d 968 (5th Cir. denied. 1018 (1989). 944 (1993). The majority of United States Courts of Appeals have held that 18 U. denied. cert.).S. 911. 1076 (1986). 385 U.The principal limitation to the scope of . 973 F.18 U. 1024 (6th Cir.
S.2d 751. Civil forfeiture (a) (1) The following property is subject to forfeiture to the United States: (A) Any property. e. 1957 or 1960 of this title. real or personal. real or personal. United States v. chemical. constituting. denied. if the offense— (i) involves trafficking in nuclear. or the manufacture. any proceeds obtained directly or indirectly from an offense against a foreign nation. but less frequently litigated. or any other conduct described in section 1956 (c)(7)(B). omnibus clause of 18 U. 439 F. derived from. or any property traceable to such property. 404 U. § 1505. See. .C. cert. Courts have given an equally broad reading to the nearly identical. Alo. if the act or activity constituting the offense had occurred within the jurisdiction of the United States. See this Manual at 1722. involved in a transaction or attempted transaction in violation of section 1956. or traceable to. or any property used to facilitate such an offense.).S. 753-54 (2d Cir.g.the omnibus clause is the pending judicial proceeding requirement. and (iii) would be punishable under the laws of the United States by imprisonment for a term exceeding 1 year. importation. within the jurisdiction of the United States. sale. (ii) would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding 1 year. biological. (B) Any property. Civil forfeiture TITLE 18 > PART I > CHAPTER 46 > § 981 § 981. or radiological weapons technology or material. 850 (1971). or distribution of a controlled substance (as that term is defined for purposes of the Controlled Substances Act)..
or a conspiracy to commit such offense. or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision or the National Credit Union Administration. real or personal. 1007. directly or indirectly. 1030. which thereby is obtained. 481. pretenses. 1014. (E) With respect to an offense listed in subsection (a)(1)(D) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud. (iii) section 1031 (relating to major fraud against the United States). 479. tangible or intangible. (ii) section 1001 (relating to fraud and false statements). 485. 478. which represents or is traceable to the gross receipts obtained. 656. 473. real or personal. representations or promises. 1006. 501. 480. 476. the Federal Deposit Insurance Corporation. 844. (iv) section 1032 (relating to concealment of assets from conservator or receiver of insured financial institution). which constitutes or is derived from proceeds traceable to a violation of section 215. 510. real or personal. 472. or (vi) section 1343 (relating to wire fraud). 1005. 477. real or personal. 471. 488. (D) Any property. (v) section 1341 (relating to mail fraud). the gross receipts of such an offense shall include all property. if such violation relates to the sale of assets acquired or held by the Resolution Trust Corporation. (F) Any property.(C) Any property. or for obtaining money or property by means of false or fraudulent statements. 542. 545. 486. 1029. from a violation of— (i) section 666 (a)(1) (relating to Federal program fraud). 502. 657. 474. or 1344 of this title or any offense constituting “specified unlawful activity” (as defined in section 1956 (c)(7) of this title). as conservator or liquidating agent for a financial institution. 487. directly or indirectly. 1032. 842. from a violation of— . directly or indirectly. as conservator or receiver for a financial institution. which represents or is traceable to the gross proceeds obtained. 1028.
or used or intended to be used to commit any Federal crime of terrorism (as defined in section 2332b (g)(5)) against the United States. involved in. or their property. (ii) section 553 (importing or exporting stolen motor vehicles). (iii) section 2119 (armed robbery of automobiles). entity. entity. real or personal. . conducting. citizens or residents of the United States. 4309 (b)) or against any foreign Government. (iii) derived from. foreign or domestic. or concealing any Federal crime of terrorism (as defined in section 2332b (g)(5)  against the United States. (iv) section 2312 (transporting stolen motor vehicles in interstate commerce). or (v) section 2313 (possessing or selling a stolen motor vehicle that has moved in interstate commerce). planning. of section 2339C of this title. or organization engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against any international organization (as defined in section 209 of the State Department Basic Authorities Act of 1956 (22 U. involved in a violation or attempted violation. (ii) acquired or maintained by any person with the intent and for the purpose of supporting.S.(i) section 511 (altering or removing motor vehicle identification numbers). or their property. Where the property sought for forfeiture is located beyond the territorial boundaries of the United States. affording any person a source of influence over any such entity or organization. or their property. citizens or residents of the United States. or which constitutes or is derived from proceeds traceable to a violation. or organization engaged in planning or perpetrating any  Federal crime of terrorism (as defined in section 2332b (g)(5)) against the United States. foreign or domestic— (i) of any individual. (H) Any property. (G) All assets.C. an act in furtherance of such planning or perpetration must have occurred within the jurisdiction of the United States. or (iv) of any individual. citizens or residents of the United States. and all assets.
(C) In cases involving fraud in the process of obtaining a loan or extension of credit. unlawful activities. and is not limited to the net gain or profit realized from the offense. illegal services. (2) Seizures pursuant to this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. respectively. the term “proceeds” means property of any kind obtained directly or indirectly. the term “proceeds” is defined as follows: (A) In cases involving illegal goods. The direct costs shall not include any part of the overhead expenses of the entity providing the goods or services. (B) In cases involving lawful goods or lawful services that are sold or provided in an illegal manner. any property subject to forfeiture to the United States under subsection (a) may be seized by the Attorney General and. or the debt was satisfied.(2) For purposes of paragraph (1). without any financial loss to the victim. in the case of property involved in a violation investigated by the Secretary of the Treasury or the United States Postal Service. except that a seizure may be made without a warrant if— (A) a complaint for forfeiture has been filed in the United States district court and the court issued an arrest warrant in rem pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims. or any part of the income taxes paid by the entity. (B) there is probable cause to believe that the property is subject to forfeiture and— . (b) (1) Except as provided in section 985. and any property traceable thereto. The claimant shall have the burden of proof with respect to the issue of direct costs. the property may also be seized by the Secretary of the Treasury or the Postal Service. the court shall allow the claimant a deduction from the forfeiture to the extent that the loan was repaid. as the result of the commission of the offense giving rise to forfeiture. less the direct costs incurred in providing the goods or services. and telemarketing and health care fraud schemes. the term “proceeds” means the amount of money acquired through the illegal transactions resulting in the forfeiture.
(4) (A) If any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under this section or under the Controlled Substances Act. a seizure warrant may be issued pursuant to this subsection by a judicial officer in any district in which a forfeiture action against the property may be filed under section 1355 (b) of title 28. the Attorney General may apply to any Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days.(i) the seizure is made pursuant to a lawful arrest or search. or the . (B) The application for the restraining order shall set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture. Any motion for the return of property seized under this section shall be filed in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized. or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. (c) Property taken or detained under this section shall not be repleviable. except that the time may be extended for good cause shown at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. or (ii) another exception to the Fourth Amendment warrant requirement would apply. or (C) the property was lawfully seized by a State or local law enforcement agency and transferred to a Federal agency. and may be executed in any district in which the property is found. (3) Notwithstanding the provisions of rule 41(a) of the Federal Rules of Criminal Procedure. the Secretary of the Treasury. and shall contain a statement that the restraining order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property under this subsection. but shall be deemed to be in the custody of the Attorney General.
or to transfer such property on such terms and conditions as he may determine— (1) to any other Federal agency. to an appropriate location for disposition in accordance with law. condemnation of property for violation of the customs laws. may— (1) place the property under seal.Postal Service. the Secretary of the Treasury. as the case may be. or alleged to have been incurred. insofar as they are applicable and not inconsistent with the provisions of this section. or the Postal Service. the Secretary of the Treasury. as the case may be. or (3) require that the General Services Administration take custody of the property and remove it. or the Postal Service. shall apply to seizures and forfeitures incurred. the Secretary of the Treasury. agents. (e) Notwithstanding any other provision of the law. or other persons as may be authorized or designated for that purpose by the Attorney General. under this section. subject only to the orders and decrees of the court or the official having jurisdiction thereof.). or the Postal Service. the provisions of the customs laws relating to the seizure. if practicable. (d) For purposes of this section. as the case may be. is authorized to retain property forfeited pursuant to this section. the Attorney General. the disposition of such property or the proceeds from the sale of such property under this section.S. 1602 et seq. (2) remove the property to a place designated by him. summary and judicial forfeiture. except section 3 of the Anti Drug Abuse Act of 1986. .C. and the compromise of claims (19 U. as the case may be. except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers. The Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding. the remission or mitigation of such forfeitures. the Attorney General. Whenever property is seized under this subsection.
to the extent of the agency’s contribution of resources to. the Secretary of the Treasury. upon the order of the appropriate Federal financial institution regulatory agency.(2) to any State or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property. to any Federal financial institution regulatory agency— (A) to reimburse the agency for payments to claimants or creditors of the institution. (4) in the case of property referred to in subsection (a)(1)(C). or the Postal Service pursuant to paragraph (2) . including. with the value of the property so transferred to be set off against any amount later recovered by the financial institution as compensatory damages in any State or Federal proceeding. of such property. or the Postal Service. to the financial institution as restitution. as the case may be. in the case of a money laundering offense. or (7) In  the case of property referred to in subsection (a)(1)(D). or any other Federal financial institution regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act). any offense constituting the underlying specified unlawful activity. the Federal Deposit Insurance Corporation. (6) as restoration to any victim of the offense giving rise to the forfeiture. and the investigation leading directly to the seizure and forfeiture. to any Federal financial institution regulatory agency. to the Resolution Trust Corporation. (3) in the case of property referred to in subsection (a)(1)(C). the Secretary of the Treasury. The Attorney General. or expenses involved in. the seizure and forfeiture. shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General. and (B) to reimburse the insurance fund of the agency for losses suffered by the fund as a result of the receivership or liquidation. (5) in the case of property referred to in subsection (a)(1)(C).
Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings. The Attorney General. The United States shall not be liable in any action arising out of a transfer under paragraph (3). (2) Upon the motion of a claimant. or the Postal Service may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings. detention. title. (f) All right. (g) (1) Upon the motion of the United States.shall not be subject to review. the Secretary of the Treasury. After the filing of a complaint for forfeiture under this section. (B) the claimant has standing to assert a claim in the civil forfeiture proceeding. the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that— (A) the claimant is the subject of a related criminal investigation or case. and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section. The United States shall not be liable in any action arising out of the seizure. the court shall stay the civil forfeiture proceeding if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related criminal investigation or the prosecution of a related criminal case. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. or (5) of this subsection. and transfer of seized property to State or local officials. (4). the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. and . notice shall be sent to all known interested parties advising them of the discontinuance or dismissal.
the Government may. the court may determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. in the case of property of a defendant charged with a violation that is the basis for . the terms “related criminal case” and “related criminal investigation” mean an actual prosecution or investigation in progress at the time at which the request for the stay. (5) In requesting a stay under paragraph (1). in appropriate cases. (4) In this subsection. the court shall consider the degree of similarity between the parties. (3) With respect to the impact of civil discovery described in paragraphs (1) and (2).(C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case. submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial. the court shall enter any order necessary to preserve the value of the property or to protect the rights of lienholders or other persons with an interest in the property while the stay is in effect. however. without requiring an identity with respect to any one or more factors. (7) A determination by the court that the claimant has standing to request a stay pursuant to paragraph (2) shall apply only to this subsection and shall not preclude the Government from objecting to the standing of the claimant by dispositive motion or at the time of trial. In determining whether a criminal case or investigation is “related” to a civil forfeiture proceeding. or any subsequent motion to lift the stay is made. In no case. (6) Whenever a civil forfeiture proceeding is stayed pursuant to this subsection. shall the court impose a protective order as an alternative to a stay if the effect of such protective order would be to allow one party to pursue discovery while the other party is substantially unable to do so. facts. and circumstances involved in the two proceedings. (h) In addition to the venue provided for in section 1395 of title 28 or any other provision of law. witnesses.
may transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property. a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. forfeiture. bear all expenses incurred by the United States in the seizure.forfeiture of the property under this section. as the case may be. maintenance. and all transfer costs. (B) is authorized in an international agreement between the United States and the foreign country. The foreign country shall. if such a transfer— (A) has been agreed to by the Secretary of State. The payment of all such expenses. (i) (1) Whenever property is civilly or criminally forfeited under this chapter. and the transfer of assets pursuant to this paragraph. (2) The provisions of this section shall not be construed as limiting or superseding any other authority of the United States to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country. A decision by the Attorney General or the Secretary of the Treasury pursuant to this paragraph shall not be subject to review. has been certified under section 481(h)  of the Foreign Assistance Act of 1961. including property which is sought as evidence of a crime committed in the foreign country. and disposition of the property. if applicable. the Attorney General or the Secretary of the Treasury. and (C) is made to a country which. shall be upon such terms and conditions as the Attorney General or the Secretary of the Treasury may. (3) A certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in subsection (a) . inventory. storage. in the event of a transfer of property or proceeds of sale of property under this subsection. in his discretion. set.
). (4) A certified order or judgment of conviction by a court of competent jurisdiction of a foreign country concerning an unlawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section.S. shall be admissible in evidence in a proceeding brought pursuant to this section. (k) Interbank Accounts. and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of forfeiture. nor shall they limit the ability of the United States to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible. shall constitute probable cause that the property forfeited by such order or judgment of forfeiture is subject to forfeiture under this section and creates a rebuttable presumption of the forfeitability of such property under this section. (5) The provisions of paragraphs (3) and (4) of this subsection shall not be construed as limiting the admissibility of any evidence otherwise admissible. and (2) the term “Secretary of the Treasury” means the Secretary of the Treasury or his delegate. (j) For purposes of this section— (1) the term “Attorney General” means the Attorney General or his delegate.C.— (1) In general. Such certified order or judgment of forfeiture. and that foreign financial institution (as defined in section 984 (c)(2)(A) of this title) has an interbank account in the United States with a covered financial institution (as defined in . when admitted into evidence. creates a rebuttable presumption that the unlawful drug activity giving rise to forfeiture under this section has occurred.(1)(B) of this section.— (A) In general. if funds are deposited into an account at a foreign financial institution (as defined in section 984 (c)(2)(A) of this title).— For the purpose of a forfeiture under this section or under the Controlled Substances Act (21 U. Such certified order or judgment of conviction. when admitted into evidence. 801 et seq.
may be restrained. the term “owner”— . up to the value of the funds deposited into the account at the foreign financial institution (as defined in section 984 (c)(2)(A) of this title). seized. nor shall it be necessary for the Government to rely on the application of section 984. the funds shall be deemed to have been deposited into the interbank account in the United States. (2) No requirement for government to trace funds. or arrested under paragraph (1).— For purposes of this subsection. (4) Definitions. seized.— Except as provided in clause (ii). or arrested under paragraph (1).— If a forfeiture action is instituted against funds restrained. seized.— The term “interbank account” has the same meaning as in section 984 (c)(2)(B). seizure. (3) Claims brought by owner of the funds.section 5318 (j)(1) of title 31). or arrest of such funds. the owner of the funds deposited into the account at the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) may contest the forfeiture by filing a claim under section 983. and any restraining order. and funds in the interbank account. (B) Authority to suspend. in consultation with the Secretary of the Treasury. the following definitions shall apply: (A) Interbank account. (B) Owner. seizure warrant.— The Attorney General. and that such suspension or termination would be in the interest of justice and would not harm the national interests of the United States. it shall not be necessary for the Government to establish that the funds are directly traceable to the funds that were deposited into the foreign financial institution (as defined in section 984 (c)(2)(A) of this title). may suspend or terminate a forfeiture under this section if the Attorney General determines that a conflict of law exists between the laws of the jurisdiction in which the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) is located and the laws of the United States with respect to liabilities arising from the restraint. or arrest warrant in rem regarding the funds may be served on the covered financial institution. or arrested.— (i) In general.— If a forfeiture action is brought against funds that are restrained.
(I) means the person who was the owner. by a preponderance of the evidence. Attorney / Esquire. as that term is defined in section 983(d)(6). or any other Judicial Officer / Administrative Officer. that prior to the restraint. (ii) Exception. or arrest of the funds. and (II) does not include either the foreign financial institution (as defined in section 984 (c) (2)(A) of this title) or any financial institution acting as an intermediary in the transfer of the funds into the interbank account. the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) had discharged all or part of its obligation to the prior owner of the funds. seizure. of the funds that were deposited into the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) at the time such funds were deposited. in which case the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) shall be deemed the owner of the funds to the extent of such discharged obligation. Law Enforcement Officer or any other party holding a public office of trust having taken an oath to support and defend the United States Constitution. or (II) the foreign financial institution (as defined in section 984 (c)(2)(A) of this title) establishes. and the statutes of the United States and of this State and violates or overrules Congressional Enactment or any Judicial Procedure Manual created by Congress or the American Bar Association as Court Procedure and the Rules of Court or overrules any Higher Court decision to deny equal protection under 42 USC 1981 and the 14th amendment with the intent to deny fairness and court integrity by violation of 18 USC 1581 Peonage. obstructing enforcement or means of Obstruction of Justice of the Law and making law . COUNT VI Judge ELLIOTet al .— The foreign financial institution (as defined in section 984 (c)(2)(A) of this title) may be considered the “owner” of the funds (and no other person shall qualify as the owner of such funds) only if— (I) the basis for the forfeiture action is wrongdoing committed by the foreign financial institution (as defined in section 984 (c)(2)(A) of this title).
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government. (3) participates in a strike. Loyalty and striking An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government. or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. TITLE 5 > PART III > Subpart F > CHAPTER 73 > SUBCHAPTER II § 7311. shall be fined under this title or imprisoned not more than one year and a day. or both. against the Government of the United States or the government of the District of Columbia. Disloyalty and asserting the right to strike against the Government Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government. 1918. or asserts the right to strike.from that position by violating 28 USC 454 & 455 and the Bill of Rights of American Citizens by not upholding his/her constitutional Rights which is a felony are guilty of: TITLE 18 USC > PART I > CHAPTER 93 > § 1918 Sec. . (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government.
in particular the Laws of the United States in general. ET AL offenders that have violated their Oath of Office and the Laws of the United States. or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. DEMAND FOR SEIZURE OF EVIDENCE Pursuant to the Laws of the United States. We the People DEMAND that you pursue and prosecute ALL. THE STATE OF NEVADA on the account of ALL municipalities. DEMAND FOR ARREST Pursuant to the Laws of the United States. We the People DEMAND the arrest of the above named felons. or asserts the right to strike. We the People DEMAND the seizure and impound of ALL books. records and fraudulent claims made by the fictitious plaintiff.(3) participates in a strike. against the Government of the United States or the government of the District of Columbia. Pursuant to the statutes herein. WARNING . Counties/Townships as evidence of the ongoing felony.
4.— This section does not apply to claims. (e) Exclusion. (d) Exemption From Disclosure. sections 3. (2) acts in deliberate ignorance of the truth or falsity of the information. with respect to information— (1) has actual knowledge of the information.Should any person try to cover up the felony complained of herein.— For purposes of this section. 2383. 241.— Any information furnished pursuant to subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure under section 552 of title 5. 242. “claim” includes any request or demand. records. 1918. or other recipient for any portion of the money or property which is requested or demanded. grantee. grantee.— For purposes of this section. and 5 USC 731 (b) Knowing and Knowingly Defined. TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1988 § 1988. or statements made under the Internal Revenue Code of 1986. (c) Claim Defined. 2381. BE YOU HEREBY PUT ON NOTICE: You may be indicted under USC Title 18. 2382. whether under a contract or otherwise. and no proof of specific intent to defraud is required. or other recipient if the United States Government provides any portion of the money or property which is requested or demanded. for money or property which is made to a contractor. or (3) acts in reckless disregard of the truth or falsity of the information. 2384. or if the Government will reimburse such contractor. Proceedings in vindication of civil rights (a) Applicability of statutory and common law . the terms “knowing” and “knowingly” mean that a person.
unless such action was clearly in excess of such officer’s jurisdiction. shall be extended to and govern the said courts in the trial and disposition of the cause.C.C.C. shall be exercised and enforced in conformity with the laws of the United States. the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S. or section 13981 of this title.]. so far as the same is not inconsistent with the Constitution and laws of the United States. but in all cases where they are not adapted to the object. so far as such laws are suitable to carry the same into effect.S. if it is of a criminal nature. Civil action for deprivation of rights .C. as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held. and for their vindication.]. (b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981. 1981a. title IX of Public Law 92–318 [20 U. in the infliction of punishment on the party found guilty.The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13. 1982. the court.S. (c) Expert fees In awarding an attorney’s fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title. a reasonable attorney’s fee as part of the costs. may allow the prevailing party. the common law. in its discretion. 2000bb et seq. or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law. title VI of the Civil Rights Act of 1964 [42 U.]. including attorney’s fees.]. and 1986 of this title. 2000cc et seq. in its discretion. 1985. the Religious Freedom Restoration Act of 1993 [42 U. except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity such officer shall not be held liable for any costs. 24. 1681 et seq.S. 2000d et seq. may include expert fees as part of the attorney’s fee. other than the United States. TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983 § 1983. the court. 1983. and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights. and.
Every person who. ordinance. shall be liable to the party injured in an action at law. or usage. Carroll. subjects. any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.Arthur-Mizell PROOF OF SERVICE . custom. except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity. or causes to be subjected. or other proper proceeding for redress. regulation. injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. privileges. For the purposes of this section. suit in equity. or immunities secured by the Constitution and laws. of any State or Territory or the District of Columbia. any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights. under color of any statute.
MAKING THE COURTS “FOREIGN STATES” TO THE PEOPLE BY CONGRESSIONAL MANDATE & IN VIOLATION OF ADMINISTRATIVE PROCEDURE & JUDICIAL PROCEDURES. RATIFICATION OF ACTS OF PRESIDENT AND SECRETARY OF THE TREASURY UNDER SECTION 95a. ______________________________the Petitioner comes with this.. STATE LAWS AS RULES OF DECISION. 112 & 112a. (4) VIOLATION OF CONTRACTUAL OBLIGATION OF PARTIES SERVING FOR PAY UNDER PRIVATE CONTRACT TO "WE THE PEOPLE". SEC. (3) FED.I. SECTIONS 111. FEDERAL DEBT COLLECTION PROCEDURE. __________________________ CC: . § 95b. RECONSIDERATION OF NEW EVIDENCE AND NEW INFORMATION JUDICIAL NOTICE: NOTICE TO THE ADMINISTRATIVE COURT. (8) TITLE 12. 4(j).P. (7) TITLE 1 UNITED STATES CODE. 1652 . (5) CRIMINAL COMPLAINT & NOTICE OF FELONY.. (6) TITLE 28 UNITED STATES CODE. ALL COURTS ARE OPERATING UNDER: (1) TRADING WITH THE ENEMY ACT AS CODIFIED IN TITLE 50 USC. §1608. UNDER TITLE 28 USC.R.CIV. (2) TITLE 28 USC. CHAPTER 176. being placed before the Clerk of Court of the UNITED STATES DISTRICT COURT OF ____________________________________ on this day of ________ and month of______________________ in the year of our Lord 2010 AD.
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