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Freeman LeRoy Michael's 7/96 "Memorandum of Law" That "will support all our writs, pleadings, presentments of any manner whatsoever as being true, correct and certain; and James 5:12 and Matthew 5:33-37." [Hey. Cool it. The Library doesn't write this stuff.]

In the name and by the authority of the People, I, LeRoy Michael hereby attest and acknowledge in Common Law venue, original, exclusive jurisdiction in our division of the Courts' by this memorandum in Law via affidavit duly presented by our one supreme Court for the special, express and explicit purpose of re-establishing our full faith and credit clause of our national Constitution at Article IV, section I thereby perceiving to our people of the Posterity our guaranteed Republican form of government in our Nation of North America.

Restrictions upon government findings are now presented as my right and my duty to prevent the violent overthrow of our one supreme Court as guaranteed under Article III of our national Constitution.

The United States officers are bound by their own United States Code Title 18 and Title 28 presented herein, as proven by their public oaths of office and by delegation of authority.

18 U.S.C. 5, 8, and 7 explain the fact the United States is restricted to territorial geographical limits which relates only to ceded land. It does not mean all of the geographical land of the several States in the continental United States of America. Section 11 defines the term "foreign government" with limited exceptions.

18 U.S.C. 112 [c] relates to section 1116 [b] at [2] says "Foreign government" means the government of a foreign country, irrespective of recognition by the United States. MCA 1-1-107 identifies the country of Montana as Common Law. 112 [c] lists a foreign official and under [a] is described a ten year jail term for anyone using arms against our foreign government.

In the footnotes of 112 under heading "Memorandum in Law" Congressional Findings and Declaration of Policy, at Section 2 of Pub. L. 92-539 provided that:

"The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnapping, and assault has resided in the several States, and that such power should remain with the States."

Cross References of the above refer to 28 U.S.C. 1251. At 1251[a] is found both original and exclusive jurisdiction in our one supreme Court. Under Historical and Revision Notes is quoted in part "Said section 341 provided that the Supreme Court should have original jurisdiction of controversies between a State and citizens of other States or aliens, whereas the 11th Amendment prohibits an action in any Federal Court against a State by citizens of another State or aliens.

Under these same footnotes is listed Rules of the Supreme Court procedure in original actions, see Rule 17, Appendix to this Title. Rule 17 under Rules of the Supreme Court Part II OTHER JURISDICTION at Rule 17.1 says

"This Rule applies only to an action within the Court's original jurisdiction under Article II of the Constitution of the United States. See also 28 U.S.C. 1251 and the Eleventh Amendment to the Constitution of the United States." And at Rule 17.6 it quotes, "A summons issuing our of this Court in our original action shall be served on the defendant 60 days before the return day set out therein. If the defendant does not respond by the return day, the plaintiff may proceed ex parte." And Rule 17.7 is quoted "Process against a State issued from the Court in an original action shall be served on both Governor and the Attorney general of that state."

The cross references say "Issues of fact in Supreme Court, trial by jury, see section 1872 of this title." U.S.C. Title 28, section 1872 is quoted "In all original sections at law in the Supreme Court against citizens of the United States, issues of fact shall be tried by a jury."

For matters concerning the voir dire of jurymen certain relevant aspects of 28 U.S.C. 1861 through 1878 are now presented. For those who have eyes to see read on, For those who have ears to hear listen up! 28 U.S.C. 1861 declares the policy describing litigants in Federal courts. Quotes in part only "trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or Division where in the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. Under Historical and Revision Notes is quoted, "The last paragraph is added to exclude jurors incompetent to serve as jurors in State courts."

For those who cannot sit on the jury see 28 U.S.C. 1863[b][g][c] quoted in part only, "[G] Specify that the following persons are barred from jury service on the ground that they are exempt: [C] public officers in the executive, legislative, or judicial branches of the United States, or of any State, the District of Columbia, any territory or possession of the United States, or any subdivision of a State, the District of Columbia, or such, territory or possession, who are actively engaged in the performance of official duties."

The plan for random jury selection is covered by 28 U.S.C. 1863 [b] [1] quoted in part, "Among other things, such plan shall -- [1] either establish a jury commission, or authorize the clerk of court, to manage the jury selection process. If the plans establishes a jury commission, the district court shall appoint one citizen to serve with the clerk of court as the jury commission: Provided, however, that the plan for the District of Columbia may establish a jury commission consisting of three citizens." Under [2] of the above is quoted in part, "[2] specify whether the names of prospective jurors shall be selected from the voter registration lists or the actual voters of the political subdivisions within the district or division. The plan shall prescribe some other source or sources of names in addition to voter lists to foster the policy and protect the rights secured by sections 1861 and 1862 of this title."

Under 28 U.S.C. 1869 is found definitions at "[a] and any other person authorized by the court to assist the clerk in the performance of functions under this chapter," and under "[c] or, in the case of a State or political subdivision thereof that does not require registration as a prerequisite to voting, other official lists of persons qualified to vote in such election.:

Under the same section at "[c] division" shall mean: [1] one or more statutory divisions of a judicial district; or [2] in statutory divisions that contain more than one place of holding court, or in judicial districts where there are no statutory divisions, such counties, parishes, or similar political subdivisions surrounding the places where court is held as the district court plan shall determine: Provided, That each county, parish, or similar political subdivision shall be included in some such division."

Under same section 1869 at "[ ] "public officer" shall mean a person who is either elected to public office or w ho is directly appointed by a person elected to public office;"

The newest revelation is found at 28 U.S.C. 1878 by heading Optional use of one step summoning and qualification procedure. Quoted in pertinent part, "However, no challenge under section 1867 of this title shall lie solely on the basis that a jury was selected in accordance with a one-step summoning and qualification procedure authorized by this section." The footnotes explain the above as 1992-Pub.L. 102-572 substituted "Optional" for "Experimental" and, "[a] The Juridical Conference of the United States is hereby authorized to develop and conduct an experiment in which jurors in a limited number of United States district courts shall be qualified and summoned in a single procedure otherwise provided for by this chapter. The Judicial Conference shall designate the district courts to participate in this experiment, but in no event shall the number of courts participating exceed ten."

A footnote for 1866 explains the reason and purpose of 1949 Act. "This section amends section 1866 of title 28 U.S.C. by restoring provision of original law that special juries be impaneled in accordance with laws of the respective States."

In keeping with compliance by Magna Charta ch. 39 trial by jury under supreme law of the land the jury men must be peers. 28 U.S.C. 1867 explains this concept at "[a] In criminal cases, before the voir dire examination begins, or within seven days after the defendant discovered or could have discovered, by the exercise of diligence, the grounds therefore, whichever is earlier, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this title in selecting grand or petit juries." [b] Is the same as above for the Attorney General of the United States. This above provision is in harmony and compliance with Article V, Section 26 of our organic Constitution of Montana.

The provisions for dismissal are found in [d] same section 1867. Quoted in total, "[d] Upon motion filed under subsection [a], [b], or [c] of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party shall be entitled to present in support of such motion the testimony of the jury commission or clerk, if available, any relevant records and papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictments, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the petite jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title." "[c] The procedures prescribed by this section shall be the exclusive means by which a person accused of a Federal crime, the Attorney General of the United States or a party in a civil case may challenge any jury on the ground that such jury was not selected in conformity with the provisions of this title."

Under 28 U.S.C. 1359 is presented the fact a district court shall not have jurisdiction of a civil action concerning foreign bills of exchange. The footnotes explain the Federal court cannot gain jurisdiction under diversity of citizenship.

The next series of 28 U.S.C. sections proves our supreme Court in our national venue as opposed to the other jurisdiction United States.

28 U.S.C. 609 is quoted "The authority of the courts to appoint their own administrative or clerical personnel shall not be limited by any provisions of this chapter. Section 608 provides for our Seal.

28 U.S.C. 456 [f] relates to section 374 of this title. The official station for a retired judge is where he maintains his place of abode. Our justices' oath of office is substantially different from the Federal judges who keep their oaths of office on record by Federal form 61. Our oath is found at 28 U.S.C. 453.

To prove our justices' are under Article III judicial branch of government we find evidence in 28 U.S.C. 461 [b] quoted, "Subsection [a] shall not apply to the extent it would reduce the salary of any individual whose compensation may not, under Section 1 of Article III of the Constitution of the United States, be diminished during such individual's continuance in office."

28 U.S.C. 593 explains who is a independent prosecutor under our division of the Court. Under [2] is quoted in part, "The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States." This is in compliance with the national prohibition against titles of nobility.

28 U.S.C. 594 is Authority and duties of an independent counsel. Quoted in part, "Such investigative and prosecutorial functions and powers shall include ----

[1] conducting proceedings before grand juries and other investigations;

[2] participating in court proceedings and engaging in any litigation; including civil and criminal matters, that such independent counsel considers necessary;

[4] reviewing all documentary evidence available from any sources;

[9] initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing information, and handling all aspects of the case, in the name of the United States.

28 U.S.C. 331 in Judicial Conference of the United States. Quoted in part, "Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate." "The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority." This standing committee can then order the United States officers to obey their commands. 28 U.S.C. 372 [cc][1] allows for any one to file a complaint on a justice, judge or magistrate or it can be filed by the circuit justice himself. Said justice can take corrective action in the form of change of venue now more commonly called recusal for cause. The Judicial Conference of the United States can then move for impeachment if a judge continues to perjure his public oath of office. Then reference back to 331 standing committee which is our one supreme Court original, exclusive jurisdiction.

28 U.S.C. 136 Chief judges @ [a][1][c] quoted "have not served previously as chief judge." Historical and Revision Notes quoted "Subsection [c] is from the provisio in the second paragraph of section 375 of title 28, U.S.C., 1940 Ed. which applied only in cases of appointment of court officers. Here it is made applicable to all district judges."

28 U.S.C. 294 explains assignment of retired Justices. There must be a roster as found in [d] quoted in part, "Such designation and assignments to a court of appeals or district court shall be made upon the presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises and to any other court of the United States upon the presentation of a certificate of necessity by the chief judge of such court. No such designation or assignment shall be made to the Supreme Court.

[e] No retired justice or judge shall perform judicial duties except when designated and assigned."

Amendments

Quoted in pertinent part, ", while retaining their commissions, rather than merely to those who ask to be placed on the Chief Justice's roster, to lodge solely in the chief judge and judicial council of the circuit concerned the intracircuit assignment power, and in the Chief Justice the power to assign retired judges beyond their circuits or special courts."

28 U.S.C. 295 presents the conditions upon assignment and designation in our one supreme Court followed by section 296 which explains the judicial powers of our designated justices'. To prove the "division" see the pertinent 296 quote, "Such justice or judge shall have all the powers of a judge of the court, circuit or district to which he is designated and assigned, except the power to appoint any person to a statutory position or to designate permanently a depository of funds or a newspaper for publication of legal notices."

28 U.S.C. 293 titled Judges of the Court of International Trade. Quote "[a] The Chief Justice of the United States may designate and assign temporarily a judge of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises."

"This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 209 and 292 of this title."

"The words 'he is willing to undertake' were added to make clear that such service is voluntary." this is in harmony with Magna Charta ch. 30 and Constitution of Montana Article III, section 6.

Amendments

9182 - Pub.L. 97-164, 110[b], substituted "the Court of International Trade" for "other courts" in section catchline.

28 U.S.C. 253 is quoted in part, "[a] the chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court. [b] The chief judge shall promulgate the dockets. [c] The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges."

28 U.S.C. 254. Single-judge trials. Quoted "Except as otherwise provided in section 255 of this title, the judicial power of the Court of International Trade with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges."

1949 Act

"This amendment clarifies section 254 of title 28, U.S.C., by restoring language of the original law."

Amendments

1970 Pub.L. 91-271 substituted in section catchline "Single-judge trials" for "Divisions; power and assignments" ----.

28 U.S.C. 255 allows for three judge trials for reasons of Constitutionality of Acts of Congress, executive orders.

28 U.S.C. 256 in pertinent part, "[b] Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing."

Amendments

1980-Pub.L. 96-417 redesignated the Customs Court as the Court of International Trade.

28 U.S.C. 372 is a provision for our standing committee of justices to remove any judges who are holding an office of profit or trust within the United States by reason of affidavit of bias under conflict of interest. This section provides for impeachment proceedings against the infidels. Our standing committee under 28 U.S.C. 331 is our one supreme Court.

28 U.S.C. 374 is quoted in part, "The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of Section 456 of this Title."

In 28 U.S.C. 3505 concerning foreign records is quoted in part, "[2] 'foreign certification' means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country; and"

Found in the next section 3506 is service of papers in opposition to United States for criminal evidence quoted in part, "[c] As used in this section, the term 'official request' means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country."

All the presentments in this Memorandum in law are to be freely entered into any Court as exculpatory evidence by the United States own Rule of Evidence 44.1 under Judicial Notice of Foreign Law certified by our notary as found in their own Rule of Evidence 902.3 [A] [B] 8 and 9 to satisfy any presumptions under their Rules of Evidence 301 and 302. We will invoke State Privilege as found in their Rule of Evidence 501 supported by their own Miscellaneous Rule 1101.

Under their title 28 Supreme Court Rules, "other jurisdiction" we invoke Rule 17.1, exclusive jurisdiction further supported by Rule 17.6, whereby the defendant must answer within 60 days or we move ex parte against them with our law and evidence.

This Memorandum in law will support all our writs, pleadings, presentments of any manner whatsoever as being true, correct and certain; and James 5:12 and Matthew 5:33-37.

Teste meipso this ______ day of the seventh month in the year of our Redeemer Imanuel, nineteen hundred ninety six, Anno Domini.

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