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Cut copy and paste this form to a words document before filling it out an affidavit of truth rev 3 20 2017 omb number pending violation of due process on this the _____ day of ______________ in the year of our creator lord___________________ without prejudice all rights reserved I am making this affidavit on behalf of myself I am aiding in the making this affidavit on behalf of someone else I _______________________ a bloodline american sovereign other ___________________ now comes with clean hands and states in and for the record that the statements herein made are of my own free will and that I have review the information and states it is a true and accurate to the happenings related to this matter autograph of party aiding in making this affidavit __________________________________ how to prove a procedural due process violation life liberty property 1 show that the government has deprived you of a non trivial protected interest one that the supreme court would recognize as falling into one of the three boxes above the deprivation by the government must not be based on simple negligence e g prison officials losing the personal property of an inmate note critics of this atomistic approach believe that it would be more consistent with framers’ intent and more sensible to simply require a showing of a governmental deprivation that caused a serious injury statements relating to question 1 violation of due process 2 show that your loss of the process you claim is owed you taking into account the seriousness of your deprivation and including the added risk of an erroneous deprivation outweighs the government’s interests in not affording the process in question statements relating to question 2 aspects of due process fundamental fairness 1 the government must provide notice of the charges against you your statement did or did not etc 2 the government must be able to show that there is an articulated non vague standard of conduct which you are accused of violating your statement 3 the government must provide you with an opportunity to rebut their charges against you in a meaningful way and at a meaningful time the hearing requirement your statement 4 in order to sustan its position I e its deprivation of your liberty or prosperty the in order to sustain its position I e its deprivation of your liberty or prosperty the must establish at a minimum that there is substaintial and creditible evidence suporting its charges your statement 5 the government must provide some explanation to the individual for the basis of any adverse finding some examples of procedural protections that may be required for certain types of deprivations 1 elevated burdens of proof that the government must satisfy such as beyond a reasonable doubt criminal cases or clear and convincing evidence termination of parental rights 2 the right to counsel 3 the right to a pre deprivation hearing 4 the right to cross examine witnesses 5 the right to have a neutral person review an adverse decision 6 the right to recover compensation for a wrongful deprivation 7 the right to be present when adverse evidence is presented to the fact finder your response to question 5 other due process violations may have occurred at your arrest and represent fraud upon the court fraud on the court by an officer of the court and disqualification of judges state and federal 1 who is an officer of the court 2 what is fraud on the court 3 what effect does an act of fraud upon the court have upon the court proceeding 4 what causes the disqualification of judges 1 who is an officer of the court a judge is an officer of the court as well as are all attorneys a state judge is a state judicial officer paid by the state to act impartially and lawfully a federal judge is a federal judicial officer paid by the federal government to act impartially and lawfully state and federal attorneys fall into the same general category and must meet the same requirements a judge is not the court people v zajic 88 ill app 3d 477 410 n e 2d 626 1980 2 what is fraud on the court whenever any officer of the court commits fraud during a proceeding in the court he she is engaged in fraud upon the court in bulloch v united states 763 f 2d 1115 1121 10th cir 1985 the court stated fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents false statements or perjury it is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function thus where the impartial functions of the court have been directly corrupted your proof is in the court recordings of the proceedings fraud upon the court has been defined by the 7th circuit court of appeals to embrace that species of fraud which does or attempts to defile the court itself or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication kenner v c I r 387 f 3d 689 1968 7 moore’s federal practice 2d ed p 512 60 23 the 7th circuit further stated adecision produced by fraud upon the court is not in essence a decision at all and never becomes final 3 what effect does an act of fraud upon the court have upon the court proceeding fraud upon the court makes void the orders and judgments of that court it is also clear and well settled illinois law that any attempt to commit fraud upon the court vitiates the entire proceeding the people of the state of illinois v fred e sterling 357 ill 354 192 n e 229 1934 the maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions allen f moore v stanley f sievers 336 ill 316 168 n e 259 1929 the maxim that fraud vitiates every transaction into which it enters in re village of willowbrook 37 ill app 2d 393 1962 it is axiomatic that fraud vitiates everything dunham v dunham 57 ill app 475 1894 affirmed 162 ill 589 1896 skelly oil co v universal oil products co 338 ill app 79 86 n e 2d 875 883 4 1949 thomas stasel v the american home security corporation 362 ill 350 199 n e 798 1935 under illinois and federal law when any officer of the court has committed fraud upon thecourt the orders and judgment of that court are void of no legal force or effect 4 what causes the disqualification of judges federal law requires the automatic disqualification of a federal judge under certain circumstances in 1994 the u s supreme court held that disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality if a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely the judge must be disqualified emphasis added liteky v u s 114 s ct 1147 1162 1994 courts have repeatedly held that positive proof of the partiality of a judge is not a requirement only the appearance of partiality liljeberg v health services acquisition corp 486 u s 847 108 s ct 2194 1988 what matters is not the reality of bias or prejudice but its appearance united states v balistrieri 779 f 2d 1191 7th cir 1985 section 455 a is directed against the appearance of partiality whether or not the judge is actually biased section 455 a of the judicial code 28 u s c 455 a is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process that court also stated that section 455 a requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned taylor v o’grady 888 f 2d 1189 7th cir 1989 in pfizer inc v lord 456 f 2d 532 8th cir 1972 the court stated that it is important that the litigant not only actually receive justice but that he believes that he has received justice the supreme court has ruled and has reaffirmed the principle that justice must satisfy the appearance of justice levine v united states 362 u s 610 80 s ct 1038 1960 citing offutt v united states 348 u s 11 14 75 s ct 11 13 1954 a judge receiving a bribe from an interested party over which he is presiding does not give the appearance of justice recusal under section 455 is self executing a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances taylor v o’grady 888 f 2d 1189 7th cir 1989 further the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification the seventh circuit court of appeals further stated that we think that thislanguage 455 a imposes a duty on the judge to act sua sponte even if no motion or affidavit is filed balistrieri at 1202 judges do not have discretion not to disqualify themselves by law they are bound to follow the law should a judge not disqualify himself as required by law then the judge has given another example of his appearance of partiality which possibly further disqualifies the judge should another judge not accept the disqualification of the judge then the second judge has evidenced an appearance of partiality and has possibly disqualified himself herself none of the orders issued by any judge who has been disqualified by law would appear to be valid it would appear that they are void as a matter of law and are of no legal force or effect should a judge not disqualify himself then the judge is violation of the due process clause of the u s constitution united states v sciuto 521 f 2d 842 845 7th cir 1996 the right to a tribunal free from bias or prejudice is based not on section 144 but on the due process clause should a judge issue any order after he has been disqualified by law and if the party has been denied of any of his her property then the judge may have been engaged in the federal crime of interference with interstate commerce the judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity it has been said that this judge acting in this manner has no more lawful authority than someone’s next door neighbor provided that he is not a judge however some judges may not follow the law if you were a non represented litigant and should the court not follow the law as to non represented litigants then the judge has expressed an appearance of partiality and under the law it would seem that he she has disqualified him herself however since not all judges keep up to date in the law and since not all judges follow the law it is possible that a judge may not know the ruling of the u s supreme court and the other courts on this subject notice that it states disqualification is required and that a judge must be disqualified under certain circumstances the supreme court has also held that if a judge wars against the constitution or if he acts without jurisdiction he has engaged in treason to the constitution if a judge acts after he has been automatically disqualified by law then he is acting without jurisdiction and that suggest that he is then engaging in criminal acts of treason and may be engaged in extortion and the interference with interstate commerce courts have repeatedly ruled that judges have no immunity for their criminal acts since both treason and the interference with interstate commerce are criminal acts no judge has immunity to engage in such acts if money is wanted by rulers who have in any manner oppressed the people they may retain it until their grievances are redressed and thus peaceably procure relief without trusting to despised petitions or disturbing the public tranquility journals of the continental congress 26 october 1774 1789 journals 1 105 13 government immunity violates the common law maxim that everyone shall have a remedy for an injury done to his person or property civil rights firemens ins co of newark n j vs washington county 2 wisc 2d 214 85 n w 2d 840 1957 corps and engineers aka corporation and company’s llc city county states federal 501 c 3 9s are black ink on white paper the term aka black and white mostly the have no blood or bloodline soul or heart beat thereof only corps and including corporation can be liable and suit under color of law fraud and false clame’s act ie to amend title 18 united states code to provide a criminal penalty for torture committed by law enforcement officers and others acting under color of law be it enacted by the senate and house of representatives of the united states of america in congress assembled whereas notified on their web pages that the income tax is a fraud scheme being the 16th amendment was never lawfully legally ratified see key case rulings federal district court tn case no cr 1 93 91 u s v lloyd r long file your 1040x forms and get all your income tax money back 1 per taxable year individuals and corporations can go back as far as 1912 irs any more whereas the internal revenue service was ruled un constitutional by the u s supreme court in u s v constantine 1935 296 u s 287 the irs is tide to the imf and not a federal agency un registered foreign agents registered with the delaware state of corporations as a corporation I believe they can be considered as homegrown terrorists whereas they are operating out of porto rico under french law and have no lawful jurisdiction within this republic section 1 short title this act may be cited as the law enforcement torture prevention act of 2015 114th congress 1st session h r 3332 to amend title 18 united states code to provide a criminal penalty for torture committed by law enforcement officers and others acting under color of law in the house of representatives july 29 2015 mr danny k davis of illinois for himself and mr rush introduced the following bill which was referred to the committee on the judiciary a bill to amend title 18 united states code to provide a criminal penalty for torture committed by law enforcement officers and others acting under color of law be it enacted by the senate and house of representatives of the united states of america in congress assembled section 1 short title this act may be cited as the law enforcement torture prevention act of 2015 sec 2 torture committed by law enforcement officers and others acting under color of law a in general chapter 13 of title 18 united states code is amended by adding at the end the following 250 torture committed by law enforcement officers and others acting under color of law a whoever acting under color of local state or federal law commits or attempts or conspires to commit torture shall be imprisoned for not more than 10 years but if death results to any person from the offense the offender shall be imprisoned for any term of years or for life b a person may be prosecuted tried or punished for an offense under this section at any time without limitation c in this section 1 the term torture means intentionally inflicting severe pain or suffering whether physical or mental on a person for such purposes as obtaining from that person or another information or a confession punishing that person or intimidating or coercing that person or another or for any reason based on discrimination of any kind but does not include pain or suffering arising only from inherent in or incidental to lawful sanctions and 2 the term inflicting severe pain or suffering means a causing or threatening to inflict severe pain or suffering b the administration or application or threatened administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality c the threat of imminent death d the threat that another person will imminently be subjected to death severe physical pain or suffering or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality or e sexual assault or the threat of sexual assault including by third party the denial of necessary medical services b clerical amendment the table of sections at the beginning of chapter 13 of title 18 united states code is amended by adding at the end the following 250 torture committed by law enforcement officers and others acting under color of law penal code title 7 offenses against property chapter 31 theft whereas justice department warns local courts about illegal enforcement of fees and fines where is the corpus delicti it would appear the above are crime victims corpus delicti themselves in all matters related thereof this supposed tax would therefore have to comply to the lawful definition of income for all tax legislation as defined by the united states supreme court straton’s indep v howbert 231 u s 339 1913 the gain derived from capital from labor or from both combined provided it include the sale or conversion of a capital asset the result of corporate activity exactly what corporate activity are these dead entities engaged in that they would be required to file a corporate return show me the corpus delicti thereof the birth record fraud scheme deliberately established by the legal community members of congress federal reserve the president and ceo of the united states of america dba a federal corporation judges lawyers and attorneys courts clerks of the court present and past to steal these birth bonds and bonds established by birth certificates rule 4 5 5 unlicensed practice of law multijurisdictional practice of law an attorney for the plaintiff cannot admit evidence into the court he is either an attorney or a witness trinsey v pagliaro d c pa 1964 229 f supp 647 whereas the court considers the defendant to be incompetent when represented by a lawyer attorney why is the defendant going to jail being incompetent and not his lawyer attorney eyewitness rule is that in absence of eye witness or of any obtainable direct evidence as to what deceased did or failed to do by way of pre caution at and immediately before injury pre sumption is that he prompted by natural instinct was in exercise of care for his own safety obtains edwards v perley 223 iowa 1119 274 n w 910 915 fraud by the attorneys lawyers and judges is that in order to get into their private club pseudo corporate courts you must be a bar card holder and cannot practice law for profit however the supreme court has ruled that you cannot license law since the law is for everone the high court has also ruled all courts are crooked color of law fraud thereof all courts are running a bond commodities and c u s I p fraud scheme the bar own’s wall street and d b trial lawyers inc are a registered communist orginization with d b oaths of office for federal judges statutes defining legal custodian 5 u s c 3331 3331 oath of office release date 2004 01 16 453 oaths of justices and judges release date 2003 05 15 each justice or judge of the united states shall take the following oath or affirmation before performing the duties of his office I xxx xxx do solemnly swear or affirm that I will administer justice without respect to persons and do equal right to the poor and to the rich and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as xxx under the constitution and laws of the united states so help me god whereas 18 crimes and criminal procedure part I crimes chapter 43 false personation head sec 912 officer or employee of the united states statute whoever falsely assumes or pretends to be an officer or employee acting under the authority of the united states or any department agency or officer thereof and acts as such or in such pretended character demands or obtains any money paper document or thing of value shall be fined under this title or imprisoned not more than three years or both see this and this for more information a court has no jurisdiction to determine its own jurisdiction for a basic issue in any case before a tribunal is its power to act and a court must have the authority to decide that question the first instance rescue army v municipal court of los angeles 171 p2d 8 331 us 549 91 k ed 1666m 67 s ct 1409 title 42 408 a 8 title 42 408 a in general whoever 8 discloses uses or compels the disclosure of the social security number of any person in violation of the laws of the united states shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years or both exhibit 05 051 former irs commissioner steven miller says the income tax is voluntary 9 trillion dollars missing from federal reserve 1 this is a bold lie the 16th amendment it was never ratified per article v of the u s constitution congressional record house june 13 1967 pg 15641 15646 and dyett v turner 1968 are very clear about this 8 u s code 1401 nationals and citizens of united states at birth us gov elected and public servants aka employees laughing about stealing land also raping and robbing kidnapping holding woman man and children for ransom as filed destroying family’s for personal gain and british foriegn 1871 government contracted elected and public servants service of employment gov’t employee brags about stealing land 18 u s code 1341 frauds and swindles current through pub l 114 38 see public laws for the current congress federal law also prohibits cities and counties from issuing citations against businesses see title 18 u s c 891 896 quoting section 891 an extortionate means is any means which involves the use or an express or implicit threat of use of violence or other criminal means to cause harm to the person reputation or property whereas 44 u s code 3512 public protection. It’s crazy how some people don’t even question or ponder the reason for their existence and are okay going through the motions we don’t live to die we have purpose and meaning step outside your comfort zone and challenge your friends by asking those tough questions like what do you think the meaning of life is what do you think your purpose is i’m not saying you have to believe the same thing I believe but at least have the discussion sometimes it can be scary opening yourself up to what can come from those conversations and I think it can be easier sometimes to just avoid and not think about it but I think it’s worth it
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