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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  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
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
"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]
 quoted in part, "Among other things, such plan shall --  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  of the above is quoted in part, " 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
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:  one or more
statutory divisions of a judicial district; or  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
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
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  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 ----
 conducting proceedings before grand juries and other investigations;
 participating in court proceedings and engaging in any litigation;
including civil and criminal matters, that such independent counsel
 reviewing all documentary evidence available from any sources;
 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] 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
28 U.S.C. 136 Chief judges @ [a][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
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."
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
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.
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."
"This amendment clarifies section 254 of title 28, U.S.C., by restoring
language of the original law."
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
1980-Pub.L. 96-417 redesignated the Customs Court as the Court of
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
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
In 28 U.S.C. 3505 concerning foreign records is quoted in part, "
'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
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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