U.S. COAST GUARD HEARING OFFICE DETACHMENT
CG HO MS 7160
4200 WILLSON BLVD, SUITE 600
ARLINGTON, VA 20598-7160
PHONE:(202) 493-6870 FAX: 202-493-6924
UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
IN THE NAME of the People of the united States of America
Rodney Dale; Class U.S.N. Veteran
Carl; Weston Private Attorney Generals P.O. Box 435 CASE #______________ High Shoal, North Carolina 28077 (704) 742 3123
Vs Administrative Law Judge ___________________
UNITED STATES dba CORPORATION
CORPORATION LAW FIRM LAW OFFICER ERIC HOLDER U.S. Department of Justice 950 Pennsylvania Avenues, NW Washington, DC 20530-0001
PRAYER FOR ADMINISTRATIVE HEARING; PETITION FOR REDRESS; BILL OF RIGHTS, ADMINISTRATIVE VIOLATION OF THE UNITED STATES 1787 CONSTITUTION & 1789 BILL OF RIGHTS; ADMINISTRATIVE VIOLATION OF UNITED STATES CODE: TITLE 5 FEDERAL ADMINISTRATIVE PROCEDURES ACT, TITLE 5. SECTION 3331 OATH OF OFFICE, TITLE 5 SECTION 7311, TITLE 18 SECTIONS 241, 242, 1001, 1346, 1502, 1918, 2331, 1952,1954, 1956, 1957, 1958, 1959, 1960, 1961, TITLE 10 SECTION 333; VIOLATION OF US CONSTITUTION: ARTICLE I SECTION 6, ARTICLE II SECTION 4, ARTICLE III SECTION 3, AMENDMENT XI & AMENDMENT XIV
PURPOSE OF THE ADMINISTRATIVE HEARING—
NATURE & CAUSE
Due to the number of personnel involved in this action, Petitioners Rodney Dale; Class & Carl; Weston, file this Nature and Cause for a Prayer for Administrative Hearing. In order to save time, money, paperwork, and avoid a long drawn-out hearing, prayer is for the defendant’s Legal Representative, Eric Holder, to appear at this Administrative Hearing and speak on defendant’s behalf. The Law Officer Eric Holder (ATTORNEY GENERAL), along with his agents, are the legal advisors for all personnel working under the authority of UNITED STATES, UNITED STATES OF AMERICA, aka UNITED STATES dba CORPORATION.
When any action For or Against the UNITED STATES, UNITED STATES OF AMERICA, or aka UNITED STATES dba CORPORATION, becomes an issue in any hearing, whether Administrative or Judicial, it is the job of the Law Officer Eric Holder to represent and answer all issues of misconduct, bad behavior, and wrongful acts. Where there are any misrepresentations, Civil Rights violations, Constitutional issues, R.I.C.O. actions, or statutory violations against the American People, Law Officer Eric Holder is the designated legal counsel for ALL the personnel belonging to this Corporation. Law Officer Eric Holder is the designated official to answer any and all charges against personnel working within this Corporation, including any claims of wrongdoing or misconduct regarding their job descriptions that result in violations to the American people.
JURISDICTION AND VENUE
This UNITED STATES COAST GUARD / DHS Administrative Court has Subject Matter Jurisdiction and Personal Jurisdiction over all DEFENDANTS that come under the following: Title 5 USC, Section §3331, Oath of Office, Title 22 CFR 92.12-92.30 Government Organization and Employees; U.S. Constitution Article II par. 9 “Before he enter on the execution of his office, he shall take the following oath…”; and Article XI par. 3 “shall be bound by oath…”; the Fourteenth Amendment. Section 3; the following War and Emergency Power Acts: The National Emergency Act of 1933, Trading with the Enemy Act of 1917, Emergency Banking Relief Act of 1933, and the use of a Military Gold Fringe Flag under Martial Law and all public offices comes under the same standing under Title 10 USC as military personnel by and through their Oath to the same Constitution.
TABLE OF AUTHORITY FOR REDRESS
Constitution of 1787
1. Article I section 6 clause 2:
“they shall in all Cases, except Treason, Felony and Breach of Peace, be privileged from Arrest during their attendance at the Session”, and Section 8 par. 17: “to exercise Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square)…”
2. Article II section 1 par. 6:
“No person except a natural born Citizen, or a Citizen of the United States…”, and par. 8: “before he enter on the Execution of his Office…”
3. Article III section 3 par. 1 and 2:
“Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
“The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”
4. Article IV
Section 1 – Each State to Honor all others
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”
Section 2 – State citizens, Extradition
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
Section 4 – Republican government
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
5. Article VI – Debts, Supremacy, Oaths
“All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.”
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
BILL OF RIGHTS – 1789
6. Amendment I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
7. Amendment XII – Trial by Jury in Civil Case.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
8. Amendment IX – Construction of Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
9. Amendment X – Powers of the States and People.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ARTICLES OF AMENDMENT
10. Amendment XI – Judicial Limits.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
11. Amendment XIV – Citizenship Rights.
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.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. 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 any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
FEDERAL ADMINISTRATIVE PROCEDURE ACT
12. Title 5 USC, Part I
Chapter 5, Subchapter II
Section § 551. Definitions
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of section 552 of this title—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory;
(10) “sanction” includes the whole or a part of an agency—
(A) prohibition, requirement, limitation, or other condition affecting the freedom of a person;
(B) withholding of relief;
(C) imposition of penalty or fine;
(D) destruction, taking, seizure, or withholding of property;
(E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a license; or
(G) taking other compulsory or restrictive action;
(11) “relief” includes the whole or a part of an agency—
(A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;
(B) recognition of a claim, right, immunity, privilege, exemption, or exception; or
(C) taking of other action on the application or petition of, and beneficial to, a person;
13. Title 6, Chapter 1
Section § 113.Other officers
(c) Commandant of the Coast Guard
To assist the Secretary in the performance of the Secretary’s functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 of title 14.
14. Title 14, Part I, Chapter 5—Functions and Powers
b) The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:
(1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and
(2) be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.
EMERGENCY WAR POWER ACT
15. Title 50, Chapter 34
Subchapter III, Section § 1631
§ 1631. Declaration of national emergency by Executive order;
publication in Federal Register;
transmittal to Congress
When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.
16. Title 50
Section § 1541
§ 1541. Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
17. In strict dictionary terms, martial law is the suspension of civil authority and the imposition of military authority. When we say a region or country is “under martial law,” we mean to say that the military is in control of the area that it acts as the police, as the courts, as the legislature. The degree of control might vary – a nation may have a civilian legislature but have the courts administered by the military. Or the legislature and courts may operate under civilian control with a military ruler. In each case, martial law is in effect, even if it is not called “martial law.”
MILITARY FLAG WITH GOLD FRINGE
18. Martial Law Flag “Pursuant to 4 U.S.C. Chapter 1, §§ 1, 2, & 3;
Executive Order 10834, August 21, 1959; 24 F.R. 6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The President of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief of the military. The placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander in Chief of the Army and Navy.” 34 Ops. Atty. Gen. 83.
19. President Dwight David Eisenhower, by Executive Order No. 10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated, purportedly, that: “A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides.”
20. FLAG Martial law; The use of such a fringe is prescribed in current Army Regulation no. 260-10.” 34 Ops. Atty. Gen. 483, 485.
21. Any courtroom that displays such a flag behind the Judge is a military courtroom which is operating under military law and not constitutional law, or common law, or civil law, or statute law. Restrictions.
22. Title 4 U.S.C. Section § 3 provides that anything added to the Title 4 USC, Sections §§ 1, 2 American Flag such as gold fringe MUTILATES the Flag and carries a one-year prison term. This is confirmed by the authority of Title 36 USC, Section § 176 (g). The gold fringe is a fourth color and, purportedly, represents “color of military law” jurisdiction and when placed on the Title 4 USC Sections §§ 1, 2 Flag, mutilates the Flag and suspends the Constitution. (Refer to Title 18 USC, Section § 242, see Black’s Law Dictionary).
23. As provided by Title 36 USC SECTION § 173 and Army Regulation 840-10, chapter 2-1(b), the Flag of the united States of America is defined and described in Title 4 USC §§ 1, 2. Civilians must use the Title 4 USC Sections §§ 1, 2 Flag (see Title 36 USC Section §173 and Army Regulation 840-10, chapter 2-7) and when military flags are displayed by Army Regulation 840-10, chapter 2, and Title 36 USC, Section § 175.
24. Title 5 USC, Part I, Chapter 3, Section § 301. Departmental regulations.
The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public.
25. Title 5 USC, Part I,
Chapter 3, Section § 305.
Systematic agency review of operations
(7) the National Security Agency, Department of Defense.
26. Title 5 USC, Part I,
Chapter 6, Section § 606.
Effect on other law
The requirements of sections 603 and 604 of this title do not alter in any manner standards otherwise applicable by law to agency action.
27. Title 5 USC, Part II,
Chapter 13, Section § 1305.
Administrative law judges
For the purpose of sections 3105, 3344, 4301 (2)(D), and 5372 of this title and the provisions of section 5335 (a)(B) of this title that relate to administrative law judges, the Office of Personnel Management may, and for the purpose of section 7521 of this title, the Merit Systems Protection Board may investigate, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpoena witnesses and records, and pay witness fees as established for the courts of the United States.
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
DUTIES OF THE ATTORNEY GENERAL
28. Title 42 USC,
Section § 3742.
Duties and functions of Director
The Director shall have the following duties:
(1) Providing funds to eligible States, units of local government, and nonprofit organizations pursuant to subchapters V and XII-B of this chapter.
(2) Establishing programs in accordance with part B of subchapter V of this chapter and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of part B of subchapter V of this chapter, and on terms and conditions determined by the Director to be consistent with part B of subchapter V of this chapter.
(3) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in criminal justice activities.
(4) Providing for the development of technical assistance and training programs for State and local criminal justice agencies and fostering local participation in such activities.
(5) Encouraging the targeting of State and local resources on efforts to reduce the incidence of drug abuse and crime and on programs relating to the apprehension and prosecution of drug offenders.
(6) Establishing and carrying on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local drug control and criminal justice priorities.
(7) Preparing recommendations on the State and local drug enforcement component of the National Drug Control Strategy which shall be submitted to the Associate Director of the Office on National Drug Control Policy.
In making such recommendations, the Director shall review the statewide strategies submitted by such States under subchapter V of this chapter, and shall obtain input from State and local drug enforcement officials.
The recommendations made under this paragraph shall be provided at such time and in such form as the Director of National Drug Control Policy shall require. (8) Exercising such other powers and functions as may be vested in the Director pursuant to this chapter or by delegation of the Attorney General or Assistant Attorney General.
TITLE 5 USC, PART I, CHAPTER 5, SUBCHAPTER II—
29. Title 5 USC, Part I, 5, Subchapter II,
Section § 552.
Public information; agency rules, opinions, orders, records, and proceedings
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
30. Title 5 USC, Part I,
Chapter 7, Section § 702.
Right of review
A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. 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. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. 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; or
(2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
31. Title 5, Part I,
Section § 703.
Form and venue of proceeding
The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement.
32. Title 5, Part I, Chapter 7,
Section § 706.
Scope of review
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
33. Title 5
Part III, Subpart B, Chapter 33
Section § 3331. Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
34. Title 10
Subtitle A, Part I, Chapter 15
Section § 333. Interference with State and Federal law.
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
AUTHORITY FOR ADMINISTRATIVE HEARING
35. Title 18 USC
Part I, Chapter 1, Section § 4.
Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, 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, shall be fined under this title or imprisoned not more than three years, or both.
PATRIOT ACT H.R. 3162
36. PATRIOT ACT
H.R. 3162 SEC. 104.
REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN CERTAIN EMERGENCIES.
Title 18, Part I, Chapter 113B,
Section § 2332e.
Requests for military assistance to enforce prohibition in certain emergencies.
The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 2332a of this title during an emergency situation involving a weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382 (f)(2) of title 10.
SEC. 1002. SENSE OF CONGRESS (a) FINDINGS- Congress finds that–
(1) all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for those attacks and their sponsors until they are brought to justice;
Title 18, Part I
Section § 2331. Definitions
(5) the term “domestic terrorism” means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.
CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES
Civil actions against the United States
(a) Section 2520 of title 18, United States Code, is amended–
(1) in subsection (a), after `entity’, by inserting `, other than the United States;
(2) by adding at the end the following:
(f) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.’;
TITLE 10 UCMJ
37. Title 10, Subtitle A
Part II, Chapter 47, Subchapter VII
Section § 842.
Art. 42. Oaths
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
38. Title 18, Part I
Section § 1385.
Use of Army and Air Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
39. FM 27-5 Military Government and Civil Affairs
40. Title 5 USC, Part III—Employees
Subpart A—General Provisions
Subpart F—Labor Management and Employee Relations
Chapter 73—Suitability, Security, and Conduct
Subchapter II – Employment Limitations
Section § 7313. Riots and civil disorders
An individual convicted by any Federal, State, or local court of competent jurisdiction of –
(1) inciting a riot or civil disorder;
(2) organizing, promoting, encouraging, or participating in a riot or civil disorder; (3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or
(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;
shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.
(b) For the purposes of this section, “felony” means any offense for which imprisonment is authorized for a term exceeding one year.
Title 18 USC—Crimes and Criminal Procedure
Chapter 93—Public Officers and Employees
Section § 1918.
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;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; 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;
shall be fined under this title or imprisoned not more than one year and a day, or both.
OVERTHROW OF A CONSTITUTIONAL FORM OF GOVERNMENT
41. Title 5, Part III
Subpart F Chapter 73,
Subchapter II, § 7311.
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;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; 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.
CONGRESSIONAL AUTHORITY AND MANDATE TO BRING SUIT
PRIVATE ATTORNEY GENERAL AUTHORITY GRANTED BY CONGRESS
CONGRESSIONAL ENACTMENT FROM THE 31ST CONGRESS.
Proceedings in vindication of civil rights (SEE DOCUMENT)
Title 42, Chapter 21, Subchapter I,
Section § 1983
Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Title 42, Chapter 21
Subchapter I, Section § 1988
Proceedings in vindication of civil rights
(a) Applicability of statutory and common law
The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, 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, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
(b) Attorney’s fees
In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, 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, including attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction.
(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, the court, in its discretion, may include expert fees as part of the attorney’s fee.
PRIVATE ATTORNEY GENERAL AUTHORITY GRANTED BY CONGRESS
Another excellent example of the “private attorney general” provisions is the Racketeer Influenced and Corrupt Organizations (RICO) Act. RICO allows average citizens (private attorneys general) to sue those organizations that commit mail and wire fraud as part of their criminal enterprise. To date, there are over 60 federal statutes that encourage private enforcement by allowing prevailing plaintiffs to collect attorney’s fees.
Private Attorney General authority; The U.S. Congress codified the private attorney general principle into law with the enactment of Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this statute stated that The Senate Committee on the Judiciary wanted to level the playing field so that private citizens, who might have little or no money, could still serve as “private attorneys general” and afford to bring actions, even against state or local bodies, to enforce the civil rights laws. The Committee acknowledged that, “[i]f private citizens are to be able to assert their civil rights, and if those who violate the Nation’s fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court.”
Where a plaintiff wins his or her lawsuit and is considered the “prevailing party,” § 1988 acts to shift fees, including expert witness fees [at least in certain types of civil rights actions, under the Civil Rights Act of 1991, even if not in § 1983 actions], and to make those who acted as private attorneys general whole again, thus encouraging the enforcement of the civil rights laws. The Senate reported that it intended fee awards to be “adequate to attract competent counsel” to represent client with civil rights grievances. S. Rep. No. 94-1011, p. 6 (1976). The U.S. Supreme Court has interpreted the act to provide for the payment of a “reasonable attorney’s fee” based on the fair market value of the legal services.
The two parties who are petitioning the Administrative Hearing Court, both hold documents certifying their status as Private Attorneys General. Rodney Dale; Class did go to the United States Committee on the Judiciary, both on the House side and Senate side, and did get his document received and stamped to Act as a Private Attorney General, even though he was not required to do so. Carl; Weston has filed into the Oklahoma Secretary of State for his Private Attorney General document and it too has been received and stamped by officials. (SEE DOCUMENTS ATTACHED)
Both have Authority to Act as Attorneys General for the People to bring such an issue before the Military Administrative Hearing Court.
PARTIES TO ACTION
Parties to action Rodney Dale; Class & Carl; Weston, here known as Petitioners; UNITED STATES, UNITED STATES OF AMERICA or aka UNITED STATES dba CORPORATION with legal authority and representation of the employees of the UNITED STATES CORPORATION by ERIC HOLDER, hereafter referred to as Defendants.
NOW, COMES, before this Administrative Hearing Court, Rodney Dale; Class and Carl; Weston as Private Attorneys General, the Petitioners on behalf of the People of the united States of America and for ourselves, to set forth the Acts that are unbecoming of Public Officials, who, sworn to uphold through their Oath of office, the Constitution of 1787 as created by our forefathers. Such Acts unbecoming that of Public Officials are being carried out under the War and Emergency Power Act, The National Emergency Act, the Trading with the Enemy Act, Emergency Banking Relief Act of 1933, all under Title 50 USC, emblematically through the use of a Military Gold Fringe Flag signifying Martial Law. The Petitioners come before this Administrative Hearing Court to address and to seek remedy for violations under Title 5 USC, violations of the Constitution of 1787, and of all of the above named statutes. Such Acts are committed by the Defendants deceptively impersonating as military courts under the Gold Fringe Flag with such violations as follows: Constitutionally protected rights, federal and state statute violation under Title 10 Section §333, the overthrow of a Constitutional form of government under Title 5 USC sec. §7311 and Title 18 USC sec. §1918, violation of honest service under Title 18 USC sec. §1346, and to default the civilian population into fraudulent debt disguised as Acts of War. The Defendants have used the bankruptcy of 1933 HJR 192 Executive Order 6102 to use civilian labor as credit or collateral as security for satisfaction of a debt.
The Petitioners make claim of injury by the defendants by the use or misuse of military martial law. The court allows the people to believe that the gold fringe flag was an admiralty flag under UCC for contract law. The military and the Coast Guard both know that an Admiralty Flag has a blue field with white stars. Because this issue deals with administrative abuse under a Gold Fringe Flag, this administrative hearing court has the only jurisdiction to hear such a case as it involves acts of TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES by those who are abusing their offices of public authority. The Petitioners will bring forth a second issue also of injury under the misuse of the Gold Fringe Flag The Courts and its Court officers are aware of this.
The Petitioners do have two other cases pending in the District of Columbia, one in the Superior Court of the District of Columbia under Case # 2009 CA 005391 B with Judge BRIAN F HOLEMAN, filed July 29, 2009, and the other in UNITED STATES DISTRICT COURT OF THE DISTRICT OF COLUMBIA CASE #: 1:09-cv-02151-HHK with Judge Henry H. Kennedy, Formerly Civil Action No. 7868-09 in the Superior Court of the District of Columbia. Both of these cases are against the UNITED STATES dba CORPORATION. The Judges in both cases are not responding in a timely manner.
In Shady Grove Orthopedic Associates v. Allstate Insurance Co., a 5-4 majority, led by Justice Antonin Scalia, held that the federal class action rule, Civil Procedure Rule 23, trumped a New York law prohibiting class actions that seek to recover statutory penalties or minimal recoveries. In that case, the Court upheld a class action lawsuit filed against a corporation. The private individual holds the same rights when filing suit against a corporation.
The Petitioners will also point out the Eleventh Amendment of the Constitution.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
All “judicial power” of the “inferior courts” comes from the Judiciary Act of 1789, as did the Attorney General position. “Judicial power” comes from Article III, Section 2 of the Constitution. The Eleventh Amendment removed all “judicial power” in law, equity, treaties, contract law, and the right of the State to bring suit against the People. The positions of Attorney General and Prosecutor, of both the United States and the several states, come under the Judicial branch, not the Executive branch of the government. All attorneys come under the Judicial branch and are judicial officers under the Supreme Court, not under the Secretary of State as licensed professionals, which means they can only represent the Court and not the People or the State. The Eleventh Amendment removed all “judicial power” from the “inferior courts” and the prosecutor’s office as well as from all court officers in law, equity, and so forth. The Eleventh Amendment also makes a foreign state separation from the positions of the Public Office positions to throw off the People. The People have Eleventh Amendment immunity, because there is NO “JUDICIAL POWER” of the “inferior courts” AND the People have FOREIGN SOVEREIGN IMMUNITY.
Article III, Sec. 2
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State;–between Citizens of different States;–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
The Judges and their Court Officers and defendants are aware that the Eleventh Amendment removed all “Judicial Power” from the Courts, turning them into Administrative hearing courts with no “judicial power” to rule in OR on law, equity, treaties, contract law OR issues between the State OR the UNITED STATES and its People. The Judges and the Court Officers are aware, as are the Petitioners, that the authority delegated by Article III, Section 2 of the Constitution for the United States of America was amended and revoked by the Eleventh Amendment on February 5th, 1795.
The Judges and Court Officers and defendants are aware that the Offices of Attorney General and Prosecutor were created under the same Judiciary Act, as were the “inferior courts.” When the Eleventh Amendment removed “Judicial Power” from the Courts, it also removed “judicial power” from the prosecution. Any prosecution done in law, equity, contract law, treaties or claims by the State against the People now constitutes Putative Fraud and Dishonest Service due to the salary contract that the public official has with the People to perform his/her duties as a Hearing Officer and Prosecution Officer. These contracts of these Public Officers are private contracts under the Constitution, Article I, II, and III and under the Compensation clause for services to the People.
It is a fact that a pleading cannot be placed before a court that does not hold “judicial power” and 12 (b) (1) or 12 (b) (2) of the FRCP and the Civil Rules of Procedure clearly describe why there is no “judicial power”. The Courts and their officers are aware of this problem when they bring the American People into a court that does not hold judicial power, but instead, is adjourned under martial law, with the gold fringe military flag displayed used as a covert signal.
Acts unbecoming of a Public Official(s) under a sworn Oath to the united States Constitution: Did with full knowledge by taking a false oath to the Constitution, with the intent of depriving the civilian population of life, liberty, property, justice, and not to insure domestic tranquility for the said civilian population.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: Did with full knowledge place the people into servitude through their labor and lives for the public debt by borrowing against the civilian population and forcing the civilian population to pay back such public debt created by the Defendants for their personal gain and profit.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: Did with full knowledge and intent set out to default the civilian population by flying a Gold Fringe Flag in all civilian courts depriving the people of a fair and impartial hearing and any defense in the Courts, by denying the Constitution, Federal and State Statutes, and Administrative procedures as and denying them a defense in the Courts.
The Eleventh Amendment, created by the Defendant, clearly shows that judicial power of the United States “shall not” be “construed” to “extend “to any suit in “law“ or “equity.”The Eleventh Amendment revokes Article III section 2 stating Judicial power shall extend to all cases in “law and equity.” Under the use of the Gold Fringe Flag, the Federal and States Courts now use Military authority to deprive the civilian population of “ALL RIGHTS,” using Military Authority under Martial Law.
Acts unbecoming of a Public Official(s) under a sworn Oath to uphold and defend the united States Constitution against foreign and domestic enemies: Did overthrow the people’s Constitutional government under the Amendatory Act of March 9, 1933, Executive Order 6102 and HJR 192 on June 5th 1933 and the 49 Stat. 3097; Treaty Series 881. CONVENTION ON RIGHTS AND DUTIES OF STATES on Dec 26, 1933. Thereby creating a new UNITED STATES dba CORPORATION under Emergency Banking Relief Act of 1933.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: The Defendants did with full knowledge and intent set out to default the civilian population, of their sovereignty, denying them of their property rights, denying their inalienable rights, and denying their rights to a Republican form of government.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: The Defendants have with full knowledge and intent deprived the civilian population of a Constitutional form of government for failure to follow the Jefferson’s Manual Rules and Practices of the House of Representatives on how the enactments are to be passed. House Joint Resolutions are not law or statutes, just resolutions. (Resolution (law), a written motion adopted by a deliberative body)
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution. The Defendants have with intent deprived the civilian population of a Constitutional form of government for failure to follow the Senate Manual Rules and Practices of the Senate on how the enactments are to be passed. Senate Joint Resolutions are not law or statutes, just a resolution. (Resolution (law), a written motion adopted by a deliberative body)
Definition of; A joint resolution is often used when Congress needs to pass legislation to solve a limited or temporary problem. For example, it is used as a temporary measure to provide continuing appropriations for government programs when annual appropriations bills have not yet been enacted. This type of joint resolution is called a continuing resolution.
Another use of joint resolutions is to propose amendments to the U.S. Constitution. Resolutions proposing constitutional amendments must be approved by two-thirds of both houses. They do not require the president’s signature, but instead become law when they are ratified by three-fourths of the states.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: The Defendants did swear a false Oath to the Constitution and did with intent set out to defraud the civilian population by declaring and signing into affect a non –National Emergency to continue the fraud and abuse upon the civilian population to create hardship, deprive the people of their jobs, their liberty and have now placed the civilian population in fear of their lives and their family members’ lives. These acts are intended to create civil unrest among the people, in order to invoke acts of violence and civil disorder.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution, by such acts constituting insurrection and rebellion of these Public Officials who swear such an Oath to the Constitution and to the People. Now a Fourteenth Amendment Bounty placed against the public debt can be applied to those Public Officials who have taken part in such an overthrow of the people’s Constitutional and Republican form of government as incorporated in the 1787 Constitution and the Fourteenth Amendment was passed by those who held Public office in 1868 and gives the Remedy to pay back all public debt created by the Defendants.
Acts unbecoming of a Public Official(s) under a sworn Oath to the Constitution: The text below comes from OUR Declaration of Independence. Those who hold these public offices sworn to such an oath are in violation of the very foundation of OUR Declaration of Independence. Those defendants who hold such public office have willfully and with intent, set out to destroy the peace and tranquility of the people in this nation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. — Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.
1.He has refused his assent to laws, the most wholesome and necessary for the public good.
2. For imposing taxes on us without our consent:
3. For depriving us in many cases, of the benefits of trial by jury:
4. For protecting them, by mock trial, from punishment for any murders which they should commit on the inhabitants of these states:
5. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.
6. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.
7. He has kept among us, in times of peace, standing armies without the consent of our legislature
8. For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:
9. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is undistinguished destruction of all ages, sexes and conditions.
10. In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.
11. Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.
12. We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.
RELIEF CAN BE FOUND IN FOURTEENTH AMENDMENT, SECTION 4
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. 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 any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
The Petitioners’ relief sought comes from the fourteenth amendment section 4 of the Constitution: bounties against public debt for insurrection and rebellion against a constitutional form of government. All public debt created by the defendants who work for or are retired from the legislative, judicial, or executive branches, as found in the Constitution under Article I, II, and III, will be required to forfeit all pay, all real property, all bank accounts and etc., in order to clear the public debt created by the defendants.
This Administrative Court under the Administrative Procedure Act 60 stat 237 S.7 of 1946 has the power to grant such a demand under Title 5 section 551 sanctions. The Administrative Court has the power to make the people whole before such injury created by the defendants. This is the purpose of an Administrative Hearing: to correct the abuse and misuse of public office when it becomes harmful and dangerous to the best interest of the public.
What this means is this: Any profit or gain by these Public Officials by misuse or abuse of such public office which has created a public debt over and beyond normal cost, can now be collected from those public officials through a performance bond, including their homes, personal items, stocks, bonds, bank accounts, birth certificate accounts, retirements, bonuses, and pensions being paid to a spouse, and etc., to be used to pay back the public debt created by that official. Title 5 USC under section 551 also gives more detail and the Petitioners expect to provide further information at the time of the hearing.
The Petitioners have come before this Administrative Hearing Court to address Constitutional violations by those who hold Public offices under Title 5 of the UNITED STATES CODES; GOVERNMENT ORGANIZATION AND EMPLOYEES. The Public Officials under our Constitution and under Federal Administrative Procedures and Statutes are required to swear such an Oath to uphold the Constitution of the united States at all cost. As of this date, those falling under Title 5 have failed to do so and have overthrown such foundation for which this Nation stands.
Since 1933 this Nation has been under a declared National Emergency under the War Power Act. The President every two years has declared a State of Emergency. In all public buildings, Federal and State Courtrooms, churches, in all Capital office building in the hallways of Congress and etc., the Military Gold Fringe Flag flies as a symbol of Military Authority ruling over this Nation. The floor of the united States Congress is one of the few place in which Old Glory hangs as a symbol of non-military jurisdiction. The Petitioners have come to the only Administrative Authority that would have jurisdiction under Homeland Security and the United States Coast Guard Administrative Hearing Court, to place such an issue. This is a National emergency an act of terrorism upon the civilian population of the united States of America. Because if this Nation is in a State of Emergency then those under Title 5 have committed an act of Treason, insurrection or rebellion by denying the protection of rights as found in the Constitution and the Bill of Rights, Federal and State statutes to the people. If this nation is not in a state of Emergency then those public officials flying the Gold Fringe Flag have now violated Title 4 by flying the fourth color now impersonating Military authority in order to pillage and plunder the civilian population at gunpoint.
There is enough Cause to have this Administrative Court hear this case. The Petitioners, if need be, can invoke a grand jury indictment to be placed before this Administrative Court. Reminder, if needed: Article III, Section 3 of the 1787 Constitution states that the testimony of two witnesses to acts of treason is enough to have such a hearing before the Administrative Court.
Private Attorney General Seal
Rodney Dale; Class U.S.N. Veteran C/o P. O. Box 435 High Shoals, N.C. 28077 Private Attorney General 704 742 3123
Petitioner; Carl; Weston
2851 N. Hwy 66, #18
Catoosa, Ok. 74015
Private Attorney General
PHONE #918 407 1287
PROOF OF SERVICE
Petitioners Rodney Dale; Class and Carl; Weston, as Private Attorney Generals, come before the U.S. COAST GUARD HEARING OFFICE DETACHMENT, CG HO MS 7160, 4200 WILLSON BLVD, SUITE 600 ARLINGTON, VA 20598-7160 with this Administrative Complaint to be heard and filed into the record of this Administrative Court. The Petitioners now file with the Administrative Clerk: PRAYER FOR ADMINISTRATIVE HEARING; PETITION FOR REDRESS; BILL OF RIGHTS, ADMINISTRATIVE VIOLATION OF THE UNITED STATES 1787 CONSTITUTION & 1789 BILL OF RIGHTS; ADMINISTRATIVE VIOLATION OF UNITED STATES CODES: TITLE 5 FEDERAL ADMINISTRATIVE PROCEDURES ACT, TITLE 5. SECTION 3331 OATH OF OFFICE, TITLE 5 SECTION 7311, TITLE 18 SECTIONS 241, 242, 1001, 1346, 1502, 1918, 2331, 1952,1954, 1956, 1957, 1958, 1959, 1960, 1961, TITLE 10 SECTION 333; VIOLATION OF US CONSTITUTION: ARTICLE I SECTION 6, ARTICLE II SECTION 4, ARTICLE III SECTION 3, AMENDMENT XI & AMENDMENT XIV, to have it placed into the record on this day of ____________ and month of ________________ in the year of our Lord 2010 AD, to be filed and placed on a docket sheet, and to be heard before the Administrative Court. The Defendant, Eric Holder, will be served in three ways: by special carrier, by USPS and by private mailing.
Rodney Dale; Class U.S.N. Veteran C/o P. O. Box 435 High Shoals, N.C. 28077 Private Attorney General 704 742 3123
Petitioner; Carl; Weston
2851 N. Hwy 66, #18
Catoosa, Ok. 74015
Private Attorney General
PHONE #918 407 1287
UNITED STATES dba CORPORATION
CORPORATION LAW FIRM LAW OFFICER ERIC HOLDER U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001
Other party being served with a notification of the complaint:
Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528
Rep. Bennie G. Thompson
U.S. House of Representatives
Committee on Homeland Security
Washington, D.C. 20515
Coast Guard Headquarters Commandant,
U.S. Coast Guard
2100 Second Street,
SW Washington, DC 20593
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