Tuesday, July 6, 2010

U.S. Att. Gen. Eric Holder faces corruption throughout Judicial Branch

Case 3:10-cv-00051-SEB-WGH 06/01/2010 11 pages

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

LAURA BRIGGS
CLERK OF THE COURT

JESHA MILLER, )
)
Plaintiff, )
vs. ) 3:10-cv-051-SEB-WGH
)
Robert A. Iger, et al., ) Motion for U.S. Attorney Gen.
) Eric H. Holder Jr. to Indict
) Judge Sarah Evans Barker
) pursuant to Title 18, sec. 242
) Clerk- Laura Briggs send CC to
) U.S. Attorney Gen. Eric H. Holder


Motion for U.S. Attorney General Eric H. Holder to indict
Judge Sarah Evans Barker pursuant to Title 18 sec. 242

Comes Now, Jesha Miller, and petitions U.S. Attorney General Eric H. Holder to indict Judge Sarah Evans Barker for violating 18 USC sec. 242, depriving the right to bring Civil & criminal charges against
Judge David Kiely pursuant to Title 18 sec. 243 & other defendants whom have aided & abetted by concealment of the crime & checks & balances. Because they refuse to enforce the law it is the U.S. Attorney Generals duty to enforce the law & uphold the integrity of the Judicial Branch of government. The following reasons justify the indictment of Judge Sarah Evans Barker, Judge David Kiely, & all other defendants involved in the concealment of the use of our Constitutions checks & balances due to abuse of power by officials using that position to deny the natural rights of "we the people" to freedom, justice, equality, & the pursuit of happiness.

1. Judge Sarah Evans Barker dismissed the case on the grounds that the case is legally frivilous. Legally frivolous means Of minimal importance; legally worthless. A frivolous suit is one without any legal merit.
First, involved is the unalienable right "all men are created equal", protected by the Constitutions 6th Amendment which guarantees the right to a speedy & public trial by an impartial jury of the state that was violated by Judge Daivid Kiely.
Second, this involves a crime Pursuant to Title 18 sec. 243 that is against the peace & dignity of the U.S. & is at war with Democracy because Slavery has been abolished by the 13th Amendment & it violates the 5th & 14th Amendment right to due process. The STATUTE is to deter officials from violating the rights of the citizens by subjecting them to criminal penalties.
Third, are the Constitutions checks & balances intended by the Framers of the Constitution to prevent abuse of power, corruption, hold officials accountable & help Democracy protect American freedom.
These give merit to my case that it is of extreme importance because these are rights that cannot be separated from me as Judge Barker has done to prevent the opportunity of justice prevailing. At stake is the integrity of the entire Judicial Branch of government which is at question by the use of our Constitutions checks & balances. These are the rights guaranteed by the Bill of Rights that Government MUST Protect. What Judge Barker decision says is the Rights of Black people is of little importance & that she can willfully subject me to the denial of these rights protected by the Constitution without being held accountable also.



2. The crime committed is a continuing violation because the principle committing the act pursuant to Title 18, sec. 243 has never been subjected to criminal charges & must be held accountable. It is only by officials refusing their duty to indict has he evaded the crime committed which is corruption directly related to their duty. The crime, and the unconstitutional state action occur whether the defendant is White or Black, whether he is acquitted or convicted, Judge David Kiely committed a crime. CONGRESS MADE IT A CRIME for a public official to exclude anyone from a grand or petit jury on the basis of race, 18 U.S.C. sec. 243 & the U.S. Supreme Court upheld the statute, approving the congressional determination that such exclusion would violate the express prohibitions of the Equal Protection Clause. For whatever may be the law with regard to other exclusions from jury service, it is clear beyond all doubt that the exclusion of Blacks cannot pass Constitutional muster. Because the trial transcripts prove the plaintiff to be true, the responsible officials are subject to CRIMINAL PENALTIES. Whitus v. Georgia, 385 U.S. 545(1967)
This is vital to protecting & securing the rights which government must protect as stated by the Bill of Rights. We hold these truths to be self- evident that the unalienable rights "all men are created equal" is the most important right endowed by the creator is liberty, the right to freedom & the pursuit of happiness.
This is proven to the people of the U.S. by our Constitution that the Complaint is not frivolous pertaining to its importance which has material evidence to not only prove this & will not fail as these rights denied are guaranteed.
The Bill of Rights, the first ten amendments to the U.S. Constitution, delineates specific rights that are reserved for U.S. citizens and residents. No state can remove or abridge rights that are guaranteed by the Constitution. Guarantee- 1. Something that assures a particular outcome or condition: Lack of interest is a guarantee of failure. guar·an·teed, guar·an·tee·ing, guar·an·tees
1. To assume responsibility for the debt, default, or miscarriage of justice.
2. To assume responsibility for the quality or performance of: guarantee a product.
3. To undertake to do, accomplish, or ensure (something) for another: guaranteed to free the captives; guarantees freedom of speech.
4. To make certain: The rain guarantees a good crop this year.
5. To furnish security for.
6. To express or declare with conviction:


3. The material evidence ensures that this can be proven to be true & will win beyond any shadow of a doubt because these rights guaranteed assure the outcome. Beyond all doubt Judge Sarah Evans Barker has aided Judge Kiely from justice by refusing to follow the rule of law directly related to her duty to subject David Kiely to criminal charges for excluding jurors on account of race. This is directly related to his duty so that it is POLITICAL CORRUPTION. Here he fails his duty- recognized by sec. 4 of the Civil rights Act of March 1, 1875... and fully established since the decision in 1881 of Neal v. Delaware... not to pursue a course of conduct in the administration of their office which would operate to discriminate in the selection of jurors on racial grounds."
The STATUTORY PROHIBITION on discrimination in the selection of jurors 18 U.S.C. sec. 243, enacted pursuant to the 14th, Amendments enabling clause, makes race neutrality in jury selection a visible, & inevitable, measure of the judicial systems own commitment to the demands of the Constitution. The courts (R. 250) are under an affirmative DUTY to enforce the strong STATUTORY and Constitutional policies embodied in that PROHIBITION. Peters v. Kiff, 92 S. Ct. 2170-2171.
This being an affirmative duty, Judge Sarah Evans Barker's motive is to aid Judge Kiely from justice by refusing her duty which in itself proves the judicial system don't care about their commitment to the Constitutions 14th Amendment guarantied due process. The Constitution however provides criminal penalties for those that violate Title 18, sec. 242; 18 U.S.C. sec. 254; 42 U.S.C. sec. 1983.
U.S. Attorney General Eric H.Holder is moved by this petition to indict & arrest Judge Sarah Evans Barker for the violation of Title 18 U.S.C. sec. 242 depriving my rights under color of law to delay the Constitutions checks & balances for as long as possible in obstruction of justice.


DISSIPATING THE ACCOMPLISHMENT OF THURGOOD MARSHALL
& DR. MARTING LUTHER KING JR. TOWARD FREEDOM & EQUALITY

The UNALIENABLE RIGHT, "ALL MEN ARE CREATED EQUAL", is not a reality unless the 14th Amendment is enforced mandating due process. The 13th, 14th, & 15th Amendments were written to help African Americans & NOW, these are the very same Amendments violated by officials under color of law which takes away our right to freedom & justice to the point that it has disappeared. All work by Thurgood Marshal & Dr. King Jr.'s dream of "all men are created equal" is gone when officials do not enforce the law pursuant to Title 18 sec. 242 & 243. The checks & balances put at question the integrity of the entire Judicial Branch of government which have refused to abide by the STATUTORY PROHIBITION or enforce the violations of Title 18 sec. 243 & 242 put in place to deter officials from violating those rights guaranteed under the Bill of Rights. { dis·si·pat·ed, 1. To drive away; disperse. }
The criminal penalties must be enforced to protect the natural rights of "we the people". As the U.S. Attorney General, you, Eric H. Holder must immediately address this issue because the Checks & Balances require the Judicial Branch of government to be checked because this corruption is directly related to their duty & this is the motive for Judge Sarah Evans Barker dismissing the Civil Complaint to continue concealment so that officials are not held accountable & keep the public from having knowledge that the entire Judicial Branch has abused its power to deny the unalienable right to a fair trial including the Supreme Court. You must do this because not only has U.S. Attorney Timothy Morrison refused to indict Judge David Kiely, but also, former U.S. Attorney Susan Brooks, & Raymond Hulser of the Public Integrity Section of the FBI have reused to arrest & indict the violators of Title 18 sec. 242 & 243 which again is directly related to their duty. The Public Integrity Section (PIN) oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government.
When the PUBLIC INTEGRITY SECTION disregards enforcing THE RULE OF LAW, then corruption flourishes with no one to hold them accountable because they are in power & the statutes prohibiting SLAVERY under the 13th, Amendment & the 14th, Amendments right to due process are of no use to protect the rights of "we the people" as the Constitution is intended to do. All else has failed in protecting the guaranteed rights so as the leader of the Justice Department, You, Eric H. Holder must report this to the U.S. Supreme Court & the Senate & House so that they are checked for Corruption directly related to their duty.

4. Specifically, I, Jesha Miller, was held in violation of Constitutional Law # 250.2 (4) which provides: Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life, liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313.

Supporting Facts: The transcripts show he willfully denied due process as mandated by Federal & State Constitutions & he imposed this upon me in full knowledge there was no cross section of the community as required by Federal Law. Defendant Attorney Vowels: At this point there is no Black people in the jury & there were no Black people in the jury panel. We have a right to object to that. I can tell you that I don t think the law will support it but I think that, Mr. Miller, we need to do it right now.The Defendant: Yeah, we ll do -- object to that right now then. ( p. 246 )Mr. Vowels: ....The component of race should be included in the concept of peer. The FACT that there are no Black people within this venire I think causes this not to be a jury of my client's peers. ( p. 247 )... I don t think Indiana's in full compliance with the federal governments motor/voter registration law. As a result of that we don t get a fair cross-section in the venire &, as a result of that my CLIENT S RIGHTS UNDER THE FEDERAL & STATE CONSTITUTION TO A FAIR & IMPARTIAL JURY AS MANDATED THROUGH THE FOURTEENTH AMENDMENT & through the federal legislation- I THINK THAT S BEEN VIOLATED. SO, FOR THE RECORD, I MAKE THAT ARGUMENT AS WELL.THE COURT: Show it overruled.THE DEFENDANT: There is a violation, Your Honor.THE COURT: Show it overruled. Sir, okay?

JUDGE DAVID KIELY CANNOT OVERRULE THE FEDERAL CONSTITUTION IN VIOLATION OF TITLE 18 U.S.C Sec. 243 UNDER COLOR OF LAW AND NOT GO UNPUNISHED WHEN BY THE RULE OF LAW HE IS TO BE SUBJECTED TO CRIMINAL PENALTIES. ANYONE SHIELDING HIM RFOM THIS IS AIDING & ABETTING A CRIMINAL FROM JUSTICE. BECAUSE THE EVIDENCE AFFIRMS THIS TO BE TRUE THERE IS NO WAY THE COMPLAINT CAN FAIL. This proves I was held in violation of Constitutional Law # 250.2 (4) & the laws of the U.S. so that there is no way I can fail.
This is evidence that Judge David Kiely willfully subjected me to the deprivation of the 14th Amendments right to due process as mandated.No Judge can overrule the State & Federal Constitution. A violation of the 13th & 14th Amendments because no citizens freedom is to be taken without being duly processed. Claim II: A 5th & 14th Amendment which holds government to the rule of law, equal protection and due process. Supporting Facts: The previous transcripts show Judge David Kiely did this when told of the violation willfully committing the crime pursuant to Title 18, sec. 243 violating the 13th & 14th Amendments.

Congress made Title 18, sec. 243 a crime.

Both Senators Bayh & Lugar were petitioned to take the Checks & Balances to the Floor so that they are acknowledged & made known to the public that the entire Judicial Branch is corrupt & abusing its power by denying the rights they are to guarantee under the Bill of Rights. [ 1st, 4th, 5th, 6th, 9th, & 14th, Amendments.] 600 Signatures were petitioned for Congressman Brad Ellsworth to take my petition using the checks & balances to prevent abuse of power, hold officials accountable, & help Democracy protect American freedom. Under the code of ethics they all refused to report corruption wherever found when it is the Judicial Branch of government. The framers intended the checks & balances to uphold the integrity preventing abuse of power but they refuse to acknowledge the checks & balances to continue corruption by shielding the Principle violator-{Judge David Kiely} to aid him from justice.
The Framers had 3 goals in mind when they wrote the Bill of Rights. First, to protect the freedom of each person, second, to prevent the abuse of power by government. Third, to protect people who are accused of crimes. Because these are violated by the U.S. Supreme Court it is detrimental to our constitution & Democracy. The second way the checks & balances help Democracy work is by protecting American Freedom. The Judicial Branch must be checked to see if this corruption is directly related to their duty & if so they are to be held accountable for their actions.
The last piece to conceal corruption are the news services of America's corporate-owned media. When corruption throughout the Judicial Branch is not reported to the public they to are aiding by concealment of the crime & when this involves "we the people's " right to freedom they also are a part of obstructing justice to prevent the operation of the checks & balances which would expose the abuse of power & hold officials accountable for their actions. Because the exposes corruption they are a large part to our Constitutions integrity being upheld. They are all in contempt of my Constitutional rights # 925.
This enables every citizen at anytime to bring the government & any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of authority which the people have conferred upon them. Because this informs the people who would then remove them from office, to continue White Supremacy & save their honor they have concealed this from the public.
The crime is against the peace & dignity of the U.S. & is at war with Democracy because Slavery has been abolished. It is because our freedom was again taken through the judicial system with a White Judge, Prosecutor, Jury, & public defender that the 14th, Amendment was made to protect Blacks freedom.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The transcripts affirm Judge Kiely has violated the 14th, Amendment under Title 18 sec. 243 justifying both judge Kiely & Sarah Evans Barker indictment & arrest pursuant to Title 18 U.S.C. 242. The media & Politicians should be indicted & arrested to aiding & abetting & in obstruction of justice because they were all given legal warning & refused to withdraw. To withdraw all the media had to do was give coverage which they do every day on some of everything but chose to continue to be a part of the crime by concealment. Senators & Congressman all could have withdrawn from the crime but chose to continue the concealment to prevent the operation of the Constitutions checks & balances so that the officials would not be held accountable.

The Declaration of Independence states to "prove this, let Facts be submitted to a candid world.
It is Demanded this July 6, 2010, that the U.S. Attorney General Eric H. Holder indict & arrest Judge Sarah Evans Barker for denying Rights under Color of Law, aiding & abetting a criminal from justice, & obstruction of justice to prevent the operation of the Constitutions checks & balances. You are to report to Congress & the Senate to inform them of the checks & balances being petitioned so that all branches will be checked for abuse of power, crimes, hold officials accountable & secure the guaranteed rights violated by officials. Your duty also requires you report to the U.S. Supreme Court to inform them of the checks & balances so that it will be checked for abuse of power, cover-up of the crime pursuant to Title 18 sec. 243, & denying 10 million upon my release for the illegal restraint. The evidence assures I will succeed because these rights violated are guaranteed by the Bill of Rights that government must protect. This requires immediate action because the Judicial Branch is Corrupt from the top to the bottom. Before government could argue justice can be had by appeal to the Supreme court but with corruption throughout the checks & balances must be performed as intended by the Framers of the Constitution to prevent abuse of power & protect the natural rights of the citizens. The Judicial Branch of government is going to be checked to assure freedom, justice, & the pursuit of happiness. Officials will be held accountable for criminal acts & those rights violated will be secured. I, JESHA MILLER, AM A CITIZEN, VETERAN OF THE VIETNAM ERA HAVING SERVED TO PROTECT OUR RIGHT TO FREEDOM, & A JOURNEYMAN MACHINIST SIGNED BY THE DEPARTMENT OF LABOR. I CAN NOT ONLY PROVE THIS, BUT AM READY TO DO SO BEFORE THE NATION ON CAPITAL HILL.

HARDSHIP

The motive of the U.S. Supreme Court was to cover-up the Federal Crime pursuant to Title 18 sec. 243 & deny 10 Million Dollars upon my release from the illegal restraint. Submitted is my unemployment record which is run out when other wise I would be financially secure with the 10 million that I would have received due to the illegal restraint. That causes a hardship where I am threatened with being homeless & in need of medical attention, dental work, clothing, food, all
other essentials just to survive. This is due to corruption so severe officials refuse to honor the Constitutions checks & balances written to prevent abuse of power & protect American freedom.
Government must now acknowledge me, Jesha Miller & the checks & balances possessing evidence to prove abuse of power, denying freedom & prosperity on account of race & color. Eric H. Holder is to call a press conference due to the Checks & Balances informing the public he will uphold the integrity of the judicial Branch of government by enforcing the law & reporting to Congress so that the Constitutions checks & balances are addressed which is the law.
The United States Department of Justice, is the United States federal executive department responsible for the enforcement of the law and administration of justice. The Department is led by the Attorney General, Eric Holder who is petitioned to indict Judge Sarah Evans Barker for denying my Rights under Color of Law to conceal the Constitutions checks & balances which will expose abuse of power, the criminal act by Judge David Kilely pursuant to Title 18 sec. 243, & is needed to help Democracy protect American freedom. This need to take top priority because with the entire judicial system corrupt it violates the Constitutional right to freedom & justice & allows corruption to flourish. This will eliminate my financial problem by government expunging my record which was previously clean & paying for default of the Constitutions guaranteed rights where I am to receive 10 million for the illegal restraint & all that which is in
Case No. 04-7377. I was also threatened with being a political prisoner to deter me from using the checks & balances & that will also be dissolved & take away another hardship. More than anything the Justice Department cannot justify arresting anyone as long as you're corrupt and refuse to allow the checks & balances to be performed to uphold the integrity of the judicial system.

CLERK- LAURA BRIGGS PETITIONED TO DISTRIBUTE COPY TO ERIC H. HOLDER- U.S. ATTORNEY GENERAL

Laura Briggs- Clerk of the Court is petitioned to send a copy to the U.S. Attorney General due to Judge Sarah Evans Barker denying rights under color of law to prevent the performance of the Constitutions checks & balances which are to prevent abuse of power & protect the natural rights of the citizens. This is an unprecedented event in history intended by the Framers of the Constitution to stop corruption which the Attorney General must address immediately due to corruption from top to bottom of the Judicial Branch. As the head of the Judicial Branch, Eric H. Holder must BE INFORMED to uphold the integrity of the judicial branch by enforcing the Rule of Law & reporting this to Congress. For this reason you are petitioned to send him a copy by the quickest method, next day mail to arrive no later that July 7, 2010.

RESPECTFULLY SUBMITTED- JESHA MILLER __________________________________
DATE: JULY 6,2010


Distributed by the Clerk- Laura Briggs to :
U.S. Attorney General Eric H. Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Distributed by Plaintiff

Emailed To:

Jean Marie Blanton
jblanton@zsws.com
Patrick A. Shoulders
pshoulders@zsws.com
20 NW First Street, 9th FloorP.O. Box 916Evansville, Indiana 47706Phone: (812) 424-7575
Hand delivered & received by: __________________________

Betsy M. Isenberg
INDIANA OFFICE OF THE ATTORNEY GENERAL
Betsy.Isenberg@atg.in.gov