Exhibit 2. Plaintiffs Motion Requesting Emergency Injunction filed in Superior Court of the District of Columbia

Transcription

1 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 1 of 11 Exhibit 2 Plaintiffs Motion Requesting Emergency Injunction filed in Superior Court of the District of Columbia

2 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 2 of 11 David Lee; Buess Private Attorney General Delaware Township Road 184 Arlington, Ohio (45814) Rodney Dale; Class Private Attorney General P.O. Box 435 High Shoals., North Carlina (28077) Petitioners Supenor Cour Distrct of Columbia Civil Division Washington, D.C. CASE 2009 CA Vs Date 10/22/09 Judge IRVING Jr, ALFRED UNITED STATES dba CORPORATION LAW FIR ERIC HOLDER 950 Pennsylvania Avenue, NW Washington, DC MOTION REQUEST EMERGENCY INJUNCTION Deparent of IRS dba Corporation DEPARTMENT OF THE TREASURY INTERNAL REVEN SERVICE WASHIGTON, DC Franchise Corporation STATE OF OHIO dba Corpration LA W FIRM RICHARD CORDRAY 30 E. BROAD ST., 17th FLOOR Columbus. OH 432 i 5 REGINALD J. ROUTSON 300 SOUTH MA STRET FINLA Y OHIO STATE OF NORTH CAROLINA dba Corporation LAW FIR ROY COOPER 900 i Mail Service Center Raleigh, NC GASTON COUNTY dba Corporation

3 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 3 of 11 TAX DEPARTMET P.O. BOX 1578 GASTONIA. NC ~i578 Defendants Vl. PROVISIONAL AND FIAL REMEDIES ~ Rule 65. F.R.Civ.P. Rule 65. Injunctions and Restraining Orders Petitioners David Lee; Buess & Rodney Dale; Class come before this Superior Cour with an MOTION REQUEST EMERGENCY INJUCTION requested to have th honorable Superior Cour place an emergency injunction ORDER from this cours and place a STOP ORDER to all TAX hearg cases until ths case is head or if the defendats DEF AUL TS. The Petitioners are not sttig tht taxing is ilegal its not. 26 USC 633 i show by definition who, are to be taed. The IRS codes also made issue on corpration and alien. The issue arses when the IRS refuses to define their languge in the courroom and the corporate employees are intimidated. When Supreme Cour case law and Congressional records are place in as evident on behave of the people these very document or deny. The Consttution Aricle 1 secon 8 defie taes on Duties,Imposts and Excise and to rase and support Aries, but no Appropriation of Money to that Use shall be for a longer Term th two Years.. How longer has this Nation under a so cal State of Emergency? Ths is abus and misue of power. The IRS has misuse it power to remove fuds from bans, wages and tae propert with out so much of a lawf cour order. Ths is all done by and th intidation. These are not act of honest service, by R.LC.O. and terrorize. Tax collection deparents are misuse the title 50 chapter 3 section 23 and the two year claus of the Consttution under Arcle 1 section 8. Petitioners request Judge IRVING Jr, ALFRED to order such an injunction as the Superior Cour ha jursdiction over these Corporae Employees and over the United States dba

4 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 4 of 11 Corporation. When civil nghts are in question and the violation of the Distrct of Columbia Constitution and Statutes ar being violated these may be criinal acts. The Petitioner want to clarfy this one issue even corporate employee are even intimidated by the IRS agents in the couroom. With thng being a possibilty even those who hold Public Offces ca not commt corrupted acts and felony from the bench or in the cour room and claim pnvate sovereign citizens have no way out and no remedy. By the action by these corprate employees behid closed doors, Petitioners' liberties and that of their famlies have been thratened and denied. The Corprate employees has demonstrted bias and prejudice against Petitioners other Nationals American by suppressing jursdictional questions raised in the lower court and refusing to defie words and terms. By they willfu failur to operate under the HONEST SERVICE CLAUSE Rule 63~I. Bias or prejudice of a judge. (a) Whenever a par to any proceedig makes and fies a sufcient afdavit that the judge before whom the mattr is to be heard ha a personal bias or prejudice either agaist the par or in favor of any adverse part, such judge shall proceed no fuher therein, but another judge shall be assigned, in accordance with Rile 40-I(b), to hear such proceedig. (b) The afdavit shal stae the facts and the reasns for the belief th bia or prejudice exist and shall be accompanied by a certificate of counsel of record stating that it is made in good faith. The afdavit must be filed at ieast 24 hour prior to the time set for heag of such matter uness good cause is shown for the failur to fie by such tie. It is impossible for Petitioners to proceed in the law and for a fair and unbiased trial to be conducte under these conditions with the corprate employee intimidated by IRS agents and corporate employees' intent to usur Arcle III offices for purse of il gottn gai and corrption against the Petitioners and their famíles. The Superior Cour bas jursdction and venue over ths matr. rule 28:; PART IV:; CHATER 85? Civil rights and elective franchise

5 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 5 of 11 (a) The distct cour shall have original jursdiction of any civil action authorized by law to be commenced by any persn: (3) To redress the deprivation, under color of any State law, statute, ordice, regulation, custom or use, of any right, privilege or immunty secured by the Consttution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons withn the jurisdiction of the United States; (b) For purses of ths setion- (1) the Distrct of Columbia shall be considered to be a State; and (2) any Act of Congrss applicable exclusively to the Distrct of Columbia shall be considered to be a statute of the Distct of Columbia TITLE 28 ~ PART IV ~ CHAPTER 89 ~ Civil rights cases Any of the following civil actions or criminal prosecutions, commenced in a State cour may be removed by the defendant to the distrct court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or canot enforce in the cours of such State a right under any law providing for the equal civil rights of citizens of the United States. or of au persons within the jursdction therof; (2) For any act under color of authority derived from any law providing for equa rights, or for refusing to do any act on the ground that it would be inconsistent with such law. Petitioners request this honorable Cour grat Petitioners' request for an emergency injunction pending ihis cour's deteunination of the Constitutionil violatons a.-id other issues raised in the instat Complaint and tht absent this Cour's determination that the civil case for which injunction is sought is properly and lawfly brought in the proper venue and jursdiction. These Petitioners and others are being injured and liberated are deny by employee of this corporation. The request that al cour hearng be put on hold and the people releasd from jail until a decision has been made in ths case. If the Petitioners prevail or the defendants default because they refue to comply the Petitioner move ths Cour to rue that 26 USC 633 i sections (a) is constitutiona and the Law and IRS follow Congressional mandate, Supreme Cour ruing

6 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 6 of 11 and provide the peple with the proper reedes as th Naton is Bantcy the all Federa Reserves Note are jus tht NOTE. ç ß :i ~ David Lee; Bues J Pnvat Attorney Gener Delaware Townhip Road 184 Arlington, Ohio (45814) - ~~ &, c At Rodney Dale; Class Privat Attrney General P.O. Box 435 High Shoals., Nort Carlin (28077)

7 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 7 of 11 PROOF OF SERVICE I David Lee; Buess & Rodney Dale; Class come with MOTION REQUEST EMERGENCY the Distrct of INJUCTION is being placed before the Clerk of Cour of the Superior Cour of Columbia on ths day of J t..1 and month of Ai 1U in the year of our Lord 2009 AD Servce well be delivere by U.S.PS. Cered mai with gr cad re t)~,l~ David Le; Buess ) Private Attorney General 220 i 4 Delawar Townhip Road i 84 Arlingt~ Ohio (45814) 4 At; &Ml Rodney Dale; Class Private Attrney Genera P.O. Box 435 High Shoals., Nort Caolin (28077) Cc UND STATES ATIORNY GENRA LA W FIRM ERIC HOLDER U.S. Deparent of Justice 950 Pennsylvania Avenue, NW Washington, DC Deparent of IR dba Corpraon DEPARTMT OF TI TRASURY INTERNAL REVEN SERVICE W ASHlGTON, DC Frachise Corporation STArn OF omo d~ Co~raoo LAW FIR RICHARD CORDRA Y 30 E. BROAD ST.. 17th FLOOR Columbus, OH 43115

8 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 8 of 11 REGINALD J. ROUTSON 300 SOUTH MA STREET FIDLAY OHIO STATE OF NORTH CAROLINA dba Corporation LAW FIRM ROY COOPER 900 i Mail Service Center Raleigh, NC GASTON COUNTY dba Corpration TAX DEPAR1MT P.O. BOX 1578 GASTONIA. NC Defendants

9 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 9 of 11 / I1ptQ! /..L~~ (d-( ) " (' rs. 'L rclvp "'_._;.' _.- i",,:, ~-.:)! ~ David Lee; Buess Private Attorney General Delaware Township Road 184 Arlington, Ohio (45814) Rodney Dale; Class Private Attorney General P.O. Box 435 High Shoals., North Carolina (28077) Petitioners Superior Cour Distnct of Columbia Civil Division Washington, D. C. CASE 2009 CA Vs Date 10/22/09 Judge IRVIG Jr, ALFRED ~"l ft-:.~~;.- 'D ~,."!' f",i ", ' '. "..,r,c,.!" i ' i '\ '", r' c,1v;) f),.':6 1T'...,,' \! 'J?F.-." G. fo/j UNITED STATES dba CORPORATION LAW FIR ERIC HOLDER 950 Pennsylvana Avenue, NW Washington, DC ENTRY OF ORDER Deparent of IRS dba Corpration DEPARTMENT OF THE TREASURY INTERNAL REVEE SERVICE WASHIGTON, DC Franchise Corporation STATE OF OHIO dba Corporation LA \V FIRM RICHAR CORDRA Y 30 E. BROAD ST., 17th FLOOR Columbus, OH REGINALD J. ROUTSON 300 SOUTH MA STRET FINLAY OHIO STATE OF NORTH CAROLINA dba Corporation LAW FIR ROY COOPER Mail Servce Center Raleigh, NC GASTON COUNTY dba Corporation

10 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 10 of 11 TAX DEPARTMENT P.O. BOX 1578 GASTONIA. NC Defendants The Petitioners have file for a MOTION REQUEST EMERGENCY INJUCTION against the United States dba Corporation and the IRS and the Franchise Corporation to stop collection of tax on those who are not listed under 26 USC The Petitioner points out and agree that taxes are not ihegal but point to the Constitution under Aricle 1 section 8 in two place to show that tax are constitutionally legal. The Petitioner also point out to the Superior Court of the Two Year war clause. The Superior Cour understad the Petitioner point of view that some of the corporate employee may have been intimidated into fining the people of ths Nation guilty for vvilfu failure to pay. Ths point is a concern and abuse could very well be a factor in some people case if not a large percentage of people settng in our jails for failure to pay. The vvillful faiiure for the IRS to clarify language is another concern of abuse of power brought to this Superior Cour attention. The taing of people libert just because one can, is not just cause in this Cour opinion to deny the people due process. The IRS is admnistrative and the people are being denied admnistrative remedies. We have held that a par appeanng before an administrative agency is entitled to due process in the proceedings. See Smith v. Everett, 276 Ark. 430, 637 S.W.2d 537 (1982). A fai tral by a fai trbunal is a basic requiement of due process. Ths rue applies to adminstrtive agencies as well as to cours. See Sexton v. Ark. Supreme Ct. Comm. on Arkansas Elec, Energy Profess. Conduct, 299 Ark. 439, 774 S.W.2d 114 (1989); See also Consumers v. Ark. Pub. Servo Comm'n, 35 Ark. App. 47, 813 S.W.2d 263 (1991).

11 Case 1:09-cv HHK Document 1-2 Filed 11/16/09 Page 11 of 11 Administrative agency adjudications are also subject to the "appearance of bias" stadad applicable to judges. Acme Brick Co. v. Missouri Pac. R.R, 307 Ark. 363, 821 S.W.2d 7 (1991). As the underlying philosophy of the Admstrative Procedures Act is that fact fidig bodies should not only be fai but appear to be fai, it follows tht an offcer or board member is disqualified at any time there may be reasonable suspicion of unairness. Ark. Racing Comm 'n v. Emprise Corp., 254 Ark. 975,497 S.W.2d 34 (1973). The Superior Cour fines that the Petitioner request for an injunction is waranted and their will by ORDER Eric Holder who is head of the Law Firm to the Corporation to Order all deparents to place a hold on collection of taes offce of non Federal or State Officials until this case is heard or if the defendats wilfuly default, all ta case wil over tued and those corporate employee feel that the IRS has intimidated their position wil be held harless with the understading that a wrtten affdavit under the penalty of perjur is fied with their statement stating such intimidation has taen place and all the people charged or imprisoned wil be released and made whole by those IRS agents who cause the har and daages IT is so ORDER ON THIS DATE Judge IRVIG Jr, ALFRED