TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Transcription

1 TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA State of Georgia ) ) ss. County of Mitchell ) Notice to Clerk of Court: Return a copy of this document showing it has been Time stamped, dated, and filed, with filing number recorded into the Court Records. (18 USC 3,2071 & 2076) 1-PARTIES: UNITED STATES OF AMERICA ex rel Officials and Officers of this Public Trust (Plaintiffs with Commercial Liability) Saddled with the Burden of Proof vs. RANDALL DAVID DUE (Defendant acting in Self-defense in his own Flesh and Blood proper person, "Without Recourse") Attention: Judge Thomas D. Thalken 8:12CR &JZ} ) 2-allegation/daim: ) JUDICIAL FRAUD ) DENIAL OF DUE PROCESS ) VIOLATION OF CIVIL RIGHTS ) 3-Remedv/Relief ) -REPLEVIN- ) DEMAND TO SHOW "JUST ) CAUSE" ) 4-Surety: Bonds, Insurance &Property ) 5-Exhibits: Points of Law ) The United States Constitution ) 42 USC 1986; 18 USC 4,241 & PRE-CERTIFICATION I, Affiant, Randall David Due, Public Minister, acting in my own proper person certify under my own commercial liability, that the following is true, correct, materially complete, and not misleading to the best of my knowledge and belief. 2-ALLEGATION/CLAM: AFFIDAVIT OF MATERIAL FACTS COERCION AND DURESS >1. On April 10, 2013, you, Judge Thomas D. Thalken, engaged in "Fraud of Process" by requiring me, Randall David Due, to sign under Coercion and Duress a conditional release contract, which imposed upon me, is a violation of my Constitutionally guaranteed Natural and Civil Rights. >2.1, Randall David Due, asked you, Mr. Thalken, approximately, "if I sign the conditional release, would this mean that I would be allowed to go back to Georgia and receive all of the Medical Treatment, which I need, and which is being denied to me in jail?" You, Mr. Thalken, replied, "Yes". >3. Then I asked you, Mr. Thalken, approximately, "if I refuse to sign the conditional release, would this cause me to remain in jail?" You, Mr. Thalken, replied something to the effect that, probably I would remain in jail. DOMICILE AND COMMUNITY >4.1 have had, and have, an established home and family domiciled in the same place and address for twenty-six years. PAGE 1 OF 6

2 >5. I have never been convicted of any crimes. My children have never been convicted of any crimes. >6. No court officers have proven by Affidavit sworn to be true, correct, materially complete and not misleading under their own Commercial Liability, that I, Randall David Due, am a threat to any person in the community or a danger to the community. This is a direct violation of Article IV I of the Constitution for the United States of America. NO FLIGHT RISK >7.1 am not a flight risk and there is no reason to believe that I would be a flight risk. My life's work stands as proof for all to witness that I do not walk away from problems; I am recognized as a Public Minister because I walk or run toward problems with the intent to solve them, just as this Affidavit proves. >8. I, Randall David Due, have acted as a Public Minister for many years as a Civil Rights Advocate, helping my fellow countrymen in various ways with free information and assisting them to protect their Civil Rights as secured by the Constitution for the United States of America. This is "Patently Evident" by doing a web search of my name, Randall David Due aka Randy Due, as well as my web handle, Duzey and Moreless. >9.1 have been very open in my actions of helping my fellow countrymen to protect their Constitutionally Protected Civil Rights. All that any public official needs to do to locate me is to call me at my home phone number or come to my house address, which I have posted all over the internet along with my legal and political postings. >10.1 feel and believe that the conditions of the release contract restricting my freedom of communication and association with other people is a direct violation of my Rights under the First Amendment to the Constitution for the United States of America, the "Due Process of Law", and my Civil Rights and Civil and Criminal Responsibilities under 42 USC 1986, 18 USC 4, 18 USC 241 & 18 USC 242, -- especially in the case of those who have requested or demanded my help and who have granted to me a "Power of Attorney" to assist them as a Public Minister/Civil Rights Advocate in protecting their "Civil Rights", and/or anyone else who needs my help in guaranteeing the Constitutional Protection of their Civil Rights. >11. Requiring me to report to a Pretrial Services Officer and comply with their directives when there is no lawful or personal history grounds for it, is disrespect, personal insult and a violation of my Civil Rights, specifically a violation of my Third Amendment Rights against Quartering Soldiers in my house without my "CONSENT". THE ASSAULT >12. The 4* Amendment states that government officers cannot violate my person, houses, papers, and effects, without a sworn affidavit. >13. The FBI Agents and their Accessory Law Enforcement Accomplices had absolutely no justification or grounds to use a Trick and Ruse to get me outside of my home, except to exercise excessive force by assaulting, tasering and kidnapping me, as the Prosecuting Attorney has already admitted on the Public Court Record was done to me. >14. The Judges, Court Officers, FBI Agents and their Accessory Law Enforcement Accomplices have been and are being Brutal toward me because I have found a way to hold them Publicly accountable for their Criminal Behavior toward my fellow countrymen, the Public. >15. Picture this: What can happen to one can happen to all. If they can capriciously descend upon me and violate my Civil Rights as secured by the Constitution for the United States and laws pursuant thereto, what is to stop them from doing the same thing to you, the reader? PAGE 2 OF 6

3 PORTRAYING Randall David Due AS A CRIMINAL >16. The FBI Agents and Accessory Law Enforcement Accomplices have portrayed me as a Criminal. That portrayal of me has been both Libel and Slander. They have disrespected my Responsible Constitutional Services as a Public Minister provided pursuant to 42 USC 1986 and 18 USC 4, 241 & 242 because it holds Public Officials accountable for their Criminal Behavior. Criminal Law 18 USC 4 "Mandates" that I report their Criminal behavior to some Judge or other person in Civil or Military Authority. > 17.1 do not feel or believe that any of the people that I associate with, or communicate with have filed any "false liens or spurious civil actions" against judges or law enforcement officials, and furthermore, I do not know of any Judges or Law enforcement officials who have proven that anyone has filed "false liens or spurious civil actions" against them. But, even more important, as a Public Minister I ask, "Shall attorneys and Lawyers be portrayed as Criminals, just because their clients are Criminals?" "Shall a doctor only associate with people who are well"? Before you charge someone else, consider your own associations. That is why an indictment is called a Libel in Scotch Law. See Black's Law Dictionary 4th Revised Edition Page 1060, Libel, third paragraph. Libels are of two kinds in Scotch Law, namely Indictments and Criminal Letters. Indictments and Criminal Letters presented by a government officer must be bonded to protect the Public from the awesome power of the government, especially when its officers are corrupt and self-serving or serving a superior malevolent political structure. POLITICAL IMMUNITY OF A PUBLIC MINISTER >18. Article I section 6 of the Constitution for the United States of America states: "The senators and representatives... shall in all cases, except treason, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, and for speech or debate in either house, they shall not be questioned in any other place". >19. Because of my long-term dedicated work as a Public Minister/Civil Rights Advocate I have earned and am granted thereby and have political immunity from violation of my political rights. In other words my actions as a Public Minister/Civil Rights Advocate must be respected. If it is not true that functioning as a Public Minister/Civil Rights Advocate has given me political immunity from violation of my political rights, then each, and every active Congressman can be tasered, thrown to the ground and kidnapped by the FBI and/or any other Law Enforcement Officials when they see fit so to do, as it was done to me; for what can happen to one can happen to all. >20.1 am fully aware of the fact that I am being Politically Prosecuted and Persecuted because that is the retaliation and un-lawful penalty for exposing the Corruption of Public Officials in the government as I am "Mandated" to do by 18 USC 4. You can contact any person that I have worked with or worked for, if you need a witness to the Criminal Behavior of Public Officials. CONCLUSION >21. Denying me the right to contact, and/or serve paper processes on any Public Official whom I feel or believe has violated my and/or any Citizen's Civil Rights is a violation of my first Amendment Rights, to petition, and of "Due Process of Law". This is especially true when they deny me the right to present a process to the U.S. Marshals, whom seem to be the only remaining decent and honorable Law enforcement officers in the United States Justice system. >22. The ruling by any Judge and/or other court officer that Criminal Complaints (18 USC 4), filed in the United States Courts against Public Officials pursuant to Criminal Law 18 USC 4, 241 & 242 are civil actions (Title 28 Civil), is a Judicial act of Forgery, Fraud and Falsification of Documents and other legal processes under color of law. (Constitution Article IV I, Amend. 5, & 14; 18 USC 3, 4, 241, 242, 1341, 1621, 1623, 1001, 2071, 2381, & 2383) PAGE 3 OF 6

4 >23.1 feel and believe that the order setting conditions of release, contract, restricting me from entering any courthouse and/or filing any documents or actions, which I deem necessary to my self-defense and the protection of my and/or my fellow countrymen's Civil Rights, is a violation of my First Amendment right "peaceably to assemble, and to petition the government for a redress of grievances" and Constitutional violation of the "Due Process of Law" and a violation of my Civil Rights, 1st, 5th, 9th and 14th Amendment violations. >24.1 know that I signed the "conditional release" under Coercion and Duress, in order to be able to have the necessary Medical and Dental surgery to save my Life and I know that I have a Positive Legal and Lawful and Commercial Claim against all Public Officials and Accessory Accomplices who have imposed this coercion and duress upon me. It's money in the Public Bank of Justice. >25. On April 10, 2013,1, Randall David Due, under-signed my signature in the aforesaid "conditional release" with the citation of UCC 1-308, thus reserving all my God given and Civil Rights as secured by the Constitution for the United States of America and the Laws pursuant thereto. Therefore, making "Void" the "Conditional Release Fraud", which you, Mr. Thalken, attempted to impose upon me by "Coercion and Duress", as a retaliatory action against me for my actions of reporting the Judicial Fraud as I am "Mandated" to do so by 18 USC 4. >26.. "FRAUD" vitiates all Contracts. 3-REMEDY/RELIEF -REPLEVIN- DEMAND TO SHOW "JUST CAUSE" >27.1, Randall David Due, demand you, Mr. Thalken, to properly Identify your self by providing a Certified copy of your Oath to Support and Defend the Constitution for the United States of America against all enemies, both foreign and domestic, as well as provide your Bonding and or Public Official Liability Insurance to guarantee your Commercial Liability in this case. >28.1 demand you, Mr. Thalken, to "Order" all Court actors involved and/or associated in any way with this Case No. 8:12CR344 to likewise properly identify them selves. >29.1 demand that all future communication by you, Mr. Thalken, and/or any other Court Actors involved in aforesaid cases must be in writing by Affidavit sworn to be true, correct, complete and not misleading under your own Commercial Liability. This is because of your; Mr. Thalken, the UNITED STATES OF AMERICA ex rel Officials and Officers of this Public Trust, (Plaintiffs with Commercial Liability) Saddled with the Burden of Proof; Deceptive Court Rules, Regulations and "Patently Evident" refusal to provide "Full Faith and Credit and Full Disclosure" as required by Article IV I and the 5th and 14th Amendments of the Constitution for the United States of America. >30. Anything less on your, Mr. Thalken, the UNITED STATES OF AMERICA ex rel Officials and Officers of this Public Trust, (Plaintiffs with Commercial Liability) Saddled with the Burden of Proof; part, shall be construed as "Patent Evasion" of "Due Process of Law", "Fraud" and a violation of my Civil Rights as secured by the Constitution for the United States of America and the laws pursuant thereto. (Constitution Article IV I, Amend. 5, & 14, 18 USC 3, 4, 241, 242, 1341, 1621, 1623, 1001, 2071, 2381, & 2383) >31. Should you, Mr. Thalken, disagree with or contest any part of this Affidavit you must immediately show specific "Just Cause" of Findings of Facts and Conclusions of Natural Laws, PAGE 4 OF 6

5 Commercial Laws, Constitutional Laws, Civil Rights Laws and supporting Criminal Laws, point-by-point by Affidavit sworn to be true, correct, complete and not misleading under your own Commercial Liability, to support your contesting of this Affidavit and your refusal to provide me with my Demands of my Right to the aforesaid elements of "Due Process of Law". >32. Failure or refusal to immediately "Contest" this Affidavit as aforesaid demanded shall be construed to mean and "Patent Evidence" that you are in total agreement categorically with all points of this Affidavit and that you, Mr. Thalken, are not acting "impartially" as required by Nebraska Statute and 28 USC 455. Therefore, I reasonably question your "impartially" in this case. Therefore, I demand that you, Mr. Thalken, immediately recuse your self from this and all other related cases and "VOID" all of your "Orders" and "Judgments" involving this Case No. 8:12CR344 because of your aforesaid Impartiality and Fraud. 4-SURETY: JUDICIAL BONDS, PUBLIC OFFICIAL'S BONDS, BAR ASSOCIATION FINANCIAL FUND ACCOUNT, AND PUBLIC OFFICIAL LIABILITY INSURANCE. 5-EXIBITS OF FACTS AND LAW Constitution for the United States of America, 18 USC 2, 3, 4, 241, 242,1001, 1341, 1621, 1622, 2071, 2381, 2382, and USC 455, and Nebraska statute Nebraska Statute Disqualification of Judge; Grounds A judge shall be disqualified from acting as such in the county court, district court, Court of Appeals, or Supreme Court, except by mutual consent of the parties, which mutual consent is in writing and made part of the record, in the following situations :(1) In any case in which (a) he or she is a party or interested,... Judgment is void if judge is disqualified USC Disqualification of justice, judge, or magistrate judge (a)any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent Affiant(s) exercise the right to amend this and/or any other document if necessary, in order that the truth be more fully and certainly ascertained and justly determined. Affiant, Randall David Due, in the Flesh and Blood in Proper Person, do not consent to be an accessory party to Fraud (18 USC 2, 3 & 4) and/or violation of my certain un-a-lien-able Rights endowed by my Creator and secured by the Constitution, the Bill of Rights, and by our soldiers who swear an Oath to defend this Nation and its Constitution against all enemies foreign and domestic. Further more, I reserve all of my Rights using the UCC (Performance or Acceptance under Reservation of Rights) in relationship to any past and or future action concerning this case. Notice is hereby given. Fraud vitiates all Contracts and is grounds for reversal of all Legal Faults. 6-CERTIFICATION PAGE 5 OF 6

6 I, Affiant, Randall David Due, Public Minister, acting in my own proper person certify under my own commercial liability, that I have read the foregoing instrument, and know the content thereof and that to the best of my knowledge and belief the foregoing is true, correct, materially complete, and not misleading. Randall David Due aka Randy Due, Public Minister; Ex. Military (Civil Rights Advocate) acting as a Non-union Lawyer (not a member of the bar association) pursuant to 42 USC 1986 (acting with Reasonable Diligence) & 18 USC 4 (Mandate to act), 18 USC 241 & 242 (Protection of the Nation, its Constitution and Civil Rights) Public Minister pursuant to and protected by Public Law , Oct. 21, 1976 Stat [Codified in Title 28 U.S.C 1602 et esq.]; and Public Law 1790, 1 Stat. At L. 117, Ch 9 [Codified in 22 U.S.C. 252]; Public Law 1948, Ch 645, 62 Stat. 688 [Codified in Title 18 U.S.C 112] and Public Law 1871, Ch 22, 6, 17 Stat. 15; [Codified in 42 U.S.C. 1986] 179 Green St. E. Pelham, Georgia Phone: (229) ; FAX: (229) duze24@bellsouth.net Executed this jl day of July, in the year of our Lord two thousand thirteen. (Signature of Affial^Wic^fmister "WITHOUT RECOURSE") 7-WITNESS/NOTARY Sworn to (or affirmed) and subscribed before me this ^Lflay of July, in the year of our Lord two thousand thirteen by Randall David Due. _/Personally Known (Seal) Produced Identification Type and # of ID SHARON B. MARTIN Notary Public < I STATE OF GEORGIA My Commission Expires May j^j /zx (Signature of Notary) (Name of Notary Typed, Stamped, or Printed) Notary Public, State of M, CERTIFICATE OF SERVICE I, Randall David Due, hereby certify that on July jx, 2013,1 sent the foregoing to the United States District Court for the District of Nebraska, in Omaha, Nebraska, Clerk of the Court by Certified Return Receipt Mail # To Judge Thomas D. Thalken by Certified Return Receipt Mail # CC: Congressmen of the USA, selected media and the Public PAGE 6 OF 6