U.S.

COAST GUARD HEARING OFFICE DETACHMENT CG HO MS 7160 4200 WILLSON BLVD, SUITE 600 ARLINGTON, VA 20598 7160 !HONE"#202$ 49% 6870 FA&" 202 49% 6924

UNITED STATES OF AMERICA DE!ARTMENT OF HOMELAND SECURIT' UNITED STATES COAST GUARD ADMINISTRATIVE COURT

IN THE NAME () *+, !,(-., () *+, /01*,2 S*3*,4 () A5,6173 R(20,8 D3.,9 C.344 U.S.N. V,*,630 C36.9 W,4*(0 !61:3*, A**(60,8 G,0,63.4 !.O. B(; 4%5 H1>+ S+(3., N(6*+ C36(.103 28077 #704$ 742 %12% !,*1*1(0,64

CASE <==============

V4

A251014*63*1:, L3? @/2>, =================== D3*, 144/,2========

UNITED STATES 2A3 COR!ORATION COR!ORATION LAW FIRM LAW OFFICER ERIC HOLDER U.S. D,-36*5,0* () @/4*17, 950 !,0048.:3013 A:,0/,4, NW W34+10>*(0, DC 205%0 0001 DEFENDANTS 1

!RA'ER FOR ADMINISTRATIVE HEARING9 !ETITION FOR REDRESS9 BILL OF RIGHTS, ADMINISTRATIVE VIOLATION OF THE UNITED STATES 1787 CONSTITUTION B 1789 BILL OF RIGHTS9 ADMINISTRATIVE VIOLATION OF UNITED STATES CODE" TITLE 5 FEDERAL ADMINISTRATIVE !ROCEDURES ACT, TITLE 5. SECTION %%%1 OATH OF OFFICE, TITLE 5 SECTION 7%11, TITLE 18 SECTIONS 241, 242, 1001, 1%46, 1502, 1918, 2%%1, 1952,1954, 1956, 1957, 1958, 1959, 1960, 1961, TITLE 10 SECTION %%%9 VIOLATION OF US CONSTITUTION" ARTICLE I SECTION 6, ARTICLE II SECTION 4, ARTICLE III SECTION %, AMENDMENT &I B AMENDMENT &IV

!UR!OSE OF THE ADMINISTRATIVE HEARINGC NATURE B 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 Hearin ! "n order to save time, money, paper#or$, and avoid a lon dra#n%out hearin , prayer is for the defendant&s 'e al Representative, (ric Holder, to appear at this Administrative Hearin and spea$ on defendant&s behalf! )he 'a# *fficer (ric Holder +A))*RN(, -(N(RA'., alon #ith his a ents, are the le al advisors for all personnel #or$in under the authority of /N")(D 0)A)(0, /N")(D 0)A)(0 *1 A2(R"CA, a$a /N")(D 0)A)(0 dba C*RP*RA)"*N! When any action 1or or A ainst the /N")(D 0)A)(0, /N")(D 0)A)(0 *1 A2(R"CA, or a$a /N")(D 0)A)(0 dba C*RP*RA)"*N, becomes an issue in any hearin , #hether Administrative or 3udicial, it is the 4ob of the 'a# *fficer (ric Holder to represent and ans#er

all issues of misconduct, bad behavior, and #ron ful acts! Where there are any misrepresentations, Civil Ri hts violations, Constitutional issues, R!"!C!*! actions, or statutory violations a ainst the American People, 'a# *fficer (ric Holder is the desi nated le al counsel for A'' the personnel belon in to this Corporation! 'a# *fficer (ric Holder is the desi nated official to ans#er any and all char es a ainst personnel #or$in #ithin this Corporation, includin any claims of #ron doin or misconduct re ardin their 4ob descriptions that result in violations to the American people!

@URISDICTION AND VENUE )his /N")(D 0)A)(0 C*A0) -/ARD 5 DH0 Administrative Court has 0ub4ect 2atter 3urisdiction and Personal 3urisdiction over all D(1(NDAN)0 that come under the follo#in 6 )itle 7 /0C, 0ection 8999:, *ath of *ffice, )itle ;; C1R <;!:;%<;!9= -overnment *r ani>ation and (mployees; /!0! Constitution Article "" par! < ?@efore he enter on the eAecution of his office, he shall ta$e the follo#in oath!!!?; and Article B" par! 9 ?shall be bound by oath!!!?; the 1ourteenth Amendment! 0ection 9; the follo#in War and (mer ency Po#er Acts6 )he National (mer ency Act of :<99, )radin #ith the (nemy Act of :<:C, (mer ency @an$in Relief Act of :<99, and the use of a 2ilitary -old 1rin e 1la under 2artial 'a# and all public offices comes under the same standin under )itle := /0C as military personnel by and *+6(/>+ their *ath to the same Constitution!

TABLE OF AUTHORIT' FOR REDRESS

C(04*1*/*1(0 () 1787 3

1. A6*17., I 4,7*1(0 6 7.3/4, 2" ?they shall in all Cases, eAcept )reason, 1elony and @reach of Peace, be privile ed from Arrest durin their attendance at the 0ession?, and 0ection D par! :C6 ?to eAercise 'e islation in all Cases #hatsoever, over such District +not eAceedin ten 2iles sEuare.!!!?

2. A6*17., II 4,7*1(0 1 -36. 6" ?No person eAcept a natural born Citi>en, or a Citi>en of the /nited 0tates!!!?, and par! D6 ?before he enter on the (Aecution of his *ffice!!!?

%. A6*17., III 4,7*1(0 % -36. 1 302 2" ?)reason a ainst the /nited 0tates shall consist only in levyin War a ainst them, or in adherin to their (nemies, ivin them Aid and Comfort! No Person shall be convicted of )reason unless on the )estimony of t#o Witnesses to the same overt Act, or on Confession in open Court!? ?)he Con ress shall have po#er to declare the Punishment of )reason, but no Attainder of )reason shall #or$ Corruption of @lood, or 1orfeiture eAcept durin the 'ife of the Person attainted!?

4. A6*17., IV S,7*1(0 1 E37+ S*3*, *( H(0(6 3.. (*+,64 ?1ull 1aith and Credit shall be iven in each 0tate to the public Acts, Records, and 4udicial Proceedin s of every other 0tate! And the Con ress may by eneral 'a#s prescribe the 2anner in #hich such Acts, Records and Proceedin s shall be proved, and the (ffect thereof!? S,7*1(0 2 S*3*, 71*1D,04, E;*6321*1(0 ?)he Citi>ens of each 0tate shall be entitled to all Privile es and "mmunities of Citi>ens in the several 0tates!? S,7*1(0 4 R,-/A.1730 >(:,605,0* ?)he /nited 0tates shall uarantee to every 0tate in this /nion a Republican 1orm of -overnment, and shall protect each of them a ainst "nvasion; and on Application of the 'e islature, or of the (Aecutive +#hen the 'e islature cannot be convened. 3>3104* 2(5,4*17 V1(.,07,.E

5. A6*17., VI D,A*4, S/-6,5378, O3*+4 ?All Debts contracted and (n a ements entered into, before the Adoption of this Constitution, shall be as valid a ainst the /nited 0tates under this Constitution, as under the Confederation!? ?)his Constitution, and the 'a#s of the /nited 0tates #hich shall be made in Pursuance thereof; and all )reaties made, or #hich shall be made, under the Authority of the /nited 0tates, shall be *+, 4/-6,5, L3? () *+, L3029 and *+, @/2>,4 10 ,:,68 S*3*, 4+3.. A, A(/02 *+,6,A8, any )hin in the Constitution or 'a#s of any 0tate to the Contrary not#ithstandin !? ?)he 0enators and Representatives before mentioned, and the 2embers of the several 0tate 'e islatures, and all eAecutive and 4udicial *fficers, both of the /nited 0tates and of the several 0tates, shall be bound by *ath or Affirmation, to support this Constitution; but no reli ious )est shall ever be reEuired as a Fualification to any *ffice or public )rust under the /nited 0tates!

BILL OF RIGHTS 1789 6. A5,025,0* I. Con ress shall ma$e no la# respectin an establishment of reli ion, or prohibitin the free eAercise thereof; or abrid in the freedom of speech, or of the press; or the ri ht of the people peaceably to assemble, 302 *( -,*1*1(0 *+, G(:,605,0* )(6 3 6,26,44 () >61,:307,4

7! A5,025,0* &II T613. A8 @/68 10 C1:1. C34,. "n 0uits at common la#, #here the value in controversy shall eAceed t#enty dollars, the ri ht of trial by 4ury shall be preserved, and no fact tried by a 4ury, shall be other#ise re%eAamined in any Court of the /nited 0tates, than accordin to the rules of the common la#!

8. A5,025,0* I& C(04*6/7*1(0 () C(04*1*/*1(0. )he enumeration in the Constitution, of certain ri hts, shall not be construed to deny or dispara e others retained by the people!

9. A5,025,0* & !(?,64 () *+, S*3*,4 302 !,(-.,. )he po#ers not dele ated to the /nited 0tates by the Constitution, nor prohibited by it to the 0tates, are reserved to the 0tates respectively, or to the people!

ARTICLES OF AMENDMENT

10. A5,025,0* &I @/21713. L151*4. )he 3udicial po#er of the /nited 0tates shall not be construed to eAtend to any suit in la# or eEuity, commenced or prosecuted a ainst one of the /nited 0tates by Citi>ens of another 0tate, or by Citi>ens or 0ub4ects of any 1orei n 0tate!

11. A5,025,0* &IV C1*1D,04+1- R1>+*4. S,7*1(0 1. All persons born or naturali>ed in the /nited 0tates, and sub4ect to the 4urisdiction thereof, are citi>ens of the /nited 0tates and of the 0tate #herein they reside! No 0tate shall ma$e or enforce any la# #hich shall abrid e the privile es or immunities of citi>ens of the /nited 0tates; nor shall any 0tate deprive any person of life, liberty, or property, #ithout due process of la#; nor deny to any person #ithin its 4urisdiction the eEual protection of the la#s! S,7*1(0 %! No person shall be a 0enator or Representative in Con ress, or elector of President and Gice%President, or hold any office, civil or military, under the /nited 0tates, or under any 0tate, #ho, havin previously ta$en an oath, as a member of Con ress, or as an officer of the /nited 0tates, or as a member of any 0tate le islature, or as an eAecutive or 4udicial officer of any 0tate, to support the Constitution of the /nited 0tates, shall have en a ed in insurrection or rebellion a ainst the same, or iven aid or comfort to the enemies thereof! @ut Con ress may by a vote of t#o%thirds of each House, remove such disability! S,7*1(0 4. )he validity of the public debt of the /nited 0tates, authori>ed by la#, 107./210> 2,A*4 107/66,2 )(6 -385,0* () -,041(04 302 A(/0*1,4 )(6 4,6:17,4 10 4/--6,4410> 104/66,7*1(0 (6 6,A,..1(0, 4+3.. 0(* A, F/,4*1(0,2. @ut neither the /nited 0tates nor any 0tate shall assume or pay any debt or obli ation incurred in aid of insurrection or rebellion a ainst the /nited 0tates, or any claim for the loss or emancipation of any slave; but all such debts, obli ations and claims shall be held ille al and void!

FEDERAL ADMINISTRATIVE !ROCEDURE ACT

12. T1*., 5 USC, !36* I, C+3-*,6 5, S/A7+3-*,6 II, S,7*1(0 G 551. D,)101*1(04 1or the purpose of this subchapterH

+:. Ia encyJ means each authority of the -overnment of the /nited 0tates, #hether or not it is #ithin or sub4ect to revie# by another a ency, but does not includeH +A. the Con ress; +@. the courts of the /nited 0tates; +C. the overnments of the territories or possessions of the /nited 0tates; +D. the overnment of the District of Columbia; or eAcept as to the reEuirements of section 77; of this titleH +(. a encies composed of representatives of the parties or of representatives of or ani>ations of the parties to the disputes determined by them; +1. courts martial and military commissions; +-. military authority eAercised in the field in time of #ar or in occupied territory; +:=. IsanctionJ includes the #hole or a part of an a encyH +A. prohibition, reEuirement, limitation, or other condition affectin the freedom of a person; +@. #ithholdin of relief; +C. imposition of penalty or fine; +D. destruction, ta$in , sei>ure, or #ithholdin of property; +(. assessment of dama es, reimbursement, restitution, compensation, costs, char es, or fees; +1. reEuirement, revocation, or suspension of a license; or +-$ ta$in other compulsory or restrictive action; +::. IreliefJ includes the #hole or a part of an a encyH +A. rant of money, assistance, license, authority, eAemption, eAception, privile e, or remedy; +@. reco nition of a claim, ri ht, immunity, privile e, eAemption, or eAception; or +C. ta$in of other action on the application or petition of, and beneficial to, a person; 1%. T1*., 6, C+3-*,6 1, S/A7+3-*,6 I, S,7*1(0 G 11%. O*+,6 ())17,64 #7$ C(5530230* () *+, C(34* G/362 )o assist the 0ecretary in the performance of the 0ecretary&s functions, there is a Commandant of the Coast -uard, #ho shall be appointed as provided in section KK of title :K and #ho shall report directly to the 0ecretary! "n addition to such duties as may be provided in this chapter and as assi ned to the Commandant by the 0ecretary, the duties of the Commandant shall include those reEuired by section ; of title :K!

14. T1*., 14, !36* I, C+3-*,6 5CF/07*1(04 302 !(?,64 b. )he officers of the Coast -uard insofar as they are en a ed, pursuant to the authority contained in this section, in enforcin any la# of the /nited 0tates shall6 +:. be deemed to be actin as a ents of the particular eAecutive department or independent establishment char ed #ith the administration of the particular la#; and +;. be sub4ect to all the rules and re ulations promul ated by such department or independent establishment #ith respect to the enforcement of that la#! EMERGENC' WAR !OWER ACT

15. T1*., 50, C+3-*,6 %4, S/A7+3-*,6 III, S,7*1(0 G 16%1 G 16%1. D,7.363*1(0 () 03*1(03. ,5,6>,078 A8 E;,7/*1:, (62,69 3/*+(61*89 -/A.173*1(0 10 F,2,63. R,>14*,69 *630451**3. *( C(0>6,44 When the President declares a national emer ency, no po#ers or authorities made available by statute for use in the event of an emer ency shall be eAercised unless and until the President specifies the provisions of la# under #hich he proposes that he, or other officers #ill act! 0uch specification may be made either in the declaration of a national emer ency, or by one or more contemporaneous or subseEuent (Aecutive orders published in the 1ederal Re ister and transmitted to the Con ress!

16. T1*., 50, C+3-*,6 %%, S,7*1(0 G 1541 G 1541. !/6-(4, 302 -(.178 #3$ C(0>6,441(03. 2,7.363*1(0 "t is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the /nited 0tates and insure that the collective 4ud ment of both the Con ress and the President #ill apply to the introduction of /nited 0tates Armed 1orces into hostilities, or into situations #here imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations! #A$ C(0>6,441(03. .,>14.3*1:, -(?,6 /02,6 0,7,44368 302 -6(-,6 7.3/4, /nder article ", section D, of the Constitution, it is specifically provided that the Con ress shall have the po#er to ma$e all la#s necessary and proper for carryin into eAecution, not only its o#n po#ers but also all other po#ers vested by the Constitution in the -overnment of the /nited 0tates, or in any department or officer hereof! 8

#7$ !6,412,0*13. ,;,7/*1:, -(?,6 34 C(55302,6 10 C+1,)9 .151*3*1(0 )he constitutional po#ers of the President as Commander%in%Chief to introduce /nited 0tates Armed 1orces into hostilities, or into situations #here imminent involvement in hostilities is clearly indicated by the circumstances, are eAercised only pursuant to +:. a declaration of #ar, +;. specific statutory authori>ation, or +9. a national emer ency created by attac$ upon the /nited 0tates, its territories or possessions, or its armed forces!

MARTIAL LAW 17. "n strict dictionary terms, martial la# is the suspension of civil authority and the imposition of military authority! When #e say a re ion or country is ?under martial la#,? #e mean to say that the military is in control of the area that it acts as the police, as the courts, as the le islature! )he de ree of control mi ht vary % a nation may have a civilian le islature but have the courts administered by the military! *r the le islature and courts may operate under civilian control #ith a military ruler! "n each case, martial la# is in effect, even if it is not called ?martial la#!?

MILITAR' FLAG WITH GOLD FRINGE

18. 2artial 'a# 1la ?Pursuant to K /!0!C! Chapter :, 88 :, ;, & 9; (Aecutive *rder :=D9K, Au ust ;:, :<7<; ;K 1!R! LDL7; a military fla is a fla that resembles the re ular fla of the /nited 0tates, eAcept that it has a ,(''*W 1R"N-( border on three sides! )he President of the /nited 0tates desi nates this deviation from the re ular fla , by eAecutive order, and in his capacity as Commander%in%Chief of the military! )he placin of a frin e on the national fla , the dimensions of the fla and the arran ement of the stars in the union are matters of detail not controlled by statute, but are #ithin the discretion of the President as Commander in Chief of the Army and Navy!? 9K *ps! Atty! -en! D9! 19. President D#i ht David (isenho#er, by (Aecutive *rder No! :=D9K, si ned on Au ust ;:, :<7< and printed in the 1ederal Re ister at ;K 1!R! LDL7, pursuant to la#, stated, purportedly, that6 ?A military fla is a fla that resembles the re ular fla of the /nited 0tates, eAcept that it has a yello# frin e border on three sides!? 20. 1'A- 2artial la#; )he use of such a frin e is prescribed in current Army Re ulation no! ;L=%:=!? 9K *ps! Atty! -en! KD9, KD7! 9

21. Any courtroom that displays such a fla behind the 3ud e is a military courtroom #hich is operatin under military la# and not constitutional la#, or common la#, or civil la#, or statute la#! Restrictions! 22. )itle K /!0!C! 0ection 8 9 provides that anythin added to the )itle K /0C, 0ections 88 :, ; American 1la such as old frin e 2/)"'A)(0 the 1la and carries a one%year prison term! )his is confirmed by the authority of )itle 9L /0C, 0ection 8 :CL + .! )he old frin e is a fourth color and, purportedly, represents ?color of military la#? 4urisdiction and #hen placed on the )itle K /0C 0ections 88 :, ; 1la , mutilates the 1la and suspends the Constitution! +Refer to )itle :D /0C, 0ection 8 ;K;, see @lac$Ms 'a# Dictionary.! 2%. As provided by )itle 9L /0C 0(C)"*N 8 :C9 and Army Re ulation DK=%:=, chapter ;%:+b., the 1la of the united 0tates of America is defined and described in )itle K /0C 88 :, ;! Civilians must use the )itle K /0C 0ections 88 :, ; 1la +see )itle 9L /0C 0ection 8:C9 and Army Re ulation DK=%:=, chapter ;%C. and #hen military fla s are displayed by Army Re ulation DK=%:=, chapter ;, and )itle 9L /0C, 0ection 8 :C7! 24. )itle 7 /0C, Part ", Chapter 9, 0ection 8 9=:! Departmental re ulations! )he head of an (Aecutive department or military department may prescribe re ulations for the overnment 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! )his section does not authori>e #ithholdin information from the public or limitin the availability of records to the public!

25. T1*., 5 USC, !36* I, C+3-*,6 %, S,7*1(0 G %05. S84*,53*17 3>,078 6,:1,? () (-,63*1(04 +C. the National 0ecurity A ency, Department of Defense!

26. T1*., 5 USC, !36* I, C+3-*,6 6, S,7*1(0 G 606. E)),7* (0 (*+,6 .3? )he reEuirements of sections L=9 and L=K of this title do not alter in any manner standards other#ise applicable by la# to a ency action!

27. T1*., 5 USC, !36* II, C+3-*,6 1%, S,7*1(0 G 1%05. A251014*63*1:, .3? H/2>,4 1or the purpose of sections 9:=7, 99KK, K9=: +;.+D., and 79C; of this title and the provisions of section 7997 +a.+@. of this title that relate to administrative la# 4ud es, the *ffice of Personnel 2ana ement may, and for the purpose of section C7;: of this title, the 2erit 0ystems Protection @oard may investi ate, prescribe re ulations, appoint advisory committees as necessary, 10

recommend le islation, subpoena #itnesses and records, and pay #itness fees as established for the courts of the /nited 0tates!

TITLE 5CGOVERNMENT ORGANIIATION AND EM!LO'EES DUTIES OF THE ATTORNE' GENERAL 28. T1*., 42 USC, S,7*1(0 G %742. D/*1,4 302 )/07*1(04 () D16,7*(6 )he Director shall have the follo#in duties6 +:. Providin funds to eli ible 0tates, units of local overnment, and nonprofit or ani>ations pursuant to subchapters G and B""%@ of this chapter! +;. (stablishin pro rams in accordance #ith part @ of subchapter G of this chapter and, follo#in public announcement of such pro rams, a#ardin and allocatin funds and technical assistance in accordance #ith the criteria of part @ of subchapter G of this chapter, and on terms and conditions determined by the Director to be consistent #ith part @ of subchapter G of this chapter! +9. Cooperatin #ith and providin technical assistance to 0tates, units of local overnment, and other public and private or ani>ations or international a encies involved in criminal 4ustice activities! +K. Providin for the development of technical assistance and trainin pro rams for 0tate and local criminal 4ustice a encies and fosterin local participation in such activities! +7. (ncoura in the tar etin of 0tate and local resources on efforts to reduce the incidence of dru abuse and crime and on pro rams relatin to the apprehension and prosecution of dru offenders! +L. (stablishin and carryin on a specific and continuin pro ram of cooperation #ith the 0tates and units of local overnment desi ned to encoura e and promote consultation and coordination concernin decisions made by the @ureau affectin 0tate and local dru control and criminal 4ustice priorities! +C. Preparin recommendations on the 0tate and local dru enforcement component of the National Dru Control 0trate y #hich shall be submitted to the Associate Director of the *ffice on National Dru Control Policy! "n ma$in such recommendations, the Director shall revie# the state#ide strate ies submitted by such 0tates under subchapter G of this chapter, and shall obtain input from 0tate and local dru enforcement officials! )he recommendations made under this para raph shall be provided at such time and in such form as the Director of National Dru Control Policy shall reEuire! +D. (Aercisin such other po#ers and functions as may be vested in the Director pursuant to this chapter or by dele ation () *+, A**(60,8 G,0,63. (6 A4414*30* A**(60,8 G,0,63..

TITLE 5 USC, !ART I, CHA!TER 5, SUBCHA!TER IIC ADMINISTRATIVE !ROCEDURE

11

29. T1*., 5 USC, !36* I, C+3-*,6 5, S/A7+3-*,6 II, S,7*1(0 G 552. !/A.17 10)(653*1(09 3>,078 6/.,4, (-101(04, (62,64, 6,7(624, 302 -6(7,,210>4 +C. rules of procedure, descriptions of forms available or the places at #hich forms may be obtained, and instructions as to the scope and contents of all papers, reports, or eAaminations; %0. T1*., 5 USC, !36* I, C+3-*,6 7, S,7*1(0 G 702. R1>+* () 6,:1,? A person sufferin le al #ron because of a ency action, or adversely affected or a rieved by a ency action #ithin the meanin of a relevant statute, is entitled to 4udicial revie# thereof! An action in a court of the /nited 0tates see$in relief other than money dama es and statin a claim that an a ency or an officer or employee thereof acted or failed to act in an official capacity or under color of le al authority shall not be dismissed nor relief therein be denied on the round that it is a ainst the /nited 0tates or that the /nited 0tates is an indispensable party! )he /nited 0tates may be named as a defendant in any such action, and a 4ud ment or decree may be entered a ainst the /nited 0tates6 Provided, )hat any mandatory or in4unctive decree shall specify the 1ederal officer or officers +by name or by title., and their successors in office, personally responsible for compliance! Nothin herein #1$ affects other limitations on 4udicial revie# or the po#er or duty of the court to dismiss any action or deny relief on any other appropriate le al or eEuitable round; or #2$ confers authority to rant relief if any other statute that rants consent to suit eApressly or impliedly forbids the relief #hich is sou ht! %1. T1*., 5, !36* I, C+3-*,6 7, S,7*1(0 G 70%. F(65 302 :,0/, () -6(7,,210> )he form of proceedin for 4udicial revie# is the special statutory revie# proceedin relevant to the sub4ect matter in a court specified by statute or, in the absence or inadeEuacy thereof, any applicable form of le al action, includin actions for declaratory 4ud ments or #rits of prohibitory or mandatory in4unction or habeas corpus, in a court of competent 4urisdiction! "f no special statutory revie# proceedin is applicable, the action for 4udicial revie# may be brou ht a ainst the /nited 0tates, the a ency by its official title, or the appropriate officer! (Acept to the eAtent that prior, adeEuate, and eAclusive opportunity for 4udicial revie# is provided by la#, a ency action is sub4ect to 4udicial revie# in civil or criminal proceedin s for 4udicial enforcement! %2. T1*., 5, !36* I, C+3-*,6 7, S,7*1(0 G 706. S7(-, () 6,:1,? )o the eAtent necessary to decision and #hen presented, the revie#in court shall decide all relevant Euestions of la#, interpret constitutional and statutory provisions, and determine the meanin or applicability of the terms of an a ency action! )he revie#in court shallH +:. compel a ency action unla#fully #ithheld or unreasonably delayed; and +;. hold unla#ful and set aside a ency action, findin s, and conclusions found to beH +A. arbitrary, capricious, an abuse of discretion, or other#ise not in accordance #ith la#; +@. contrary to constitutional ri ht, po#er, privile e, or immunity; +C. in eAcess of statutory 4urisdiction, authority, or limitations, or short of statutory ri ht; +D. #ithout observance of procedure reEuired by la#; 12

+(. unsupported by substantial evidence in a case sub4ect to sections 77L and 77C of this title or other#ise revie#ed on the record of an a ency hearin provided by statute; or +1. un#arranted by the facts to the eAtent that the facts are sub4ect to trial de novo by the revie#in court! "n ma$in the fore oin determinations, the court shall revie# the #hole record or those parts of it cited by a party, and due account shall be ta$en of the rule of pre4udicial error! %%. T1*., 5, !36* III, S/A-36* B, C+3-*,6 %%, S/A7+3-*,6 II, S,7*1(0 G %%%1. O3*+ () ())17, An individual, eAcept the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall ta$e the follo#in oath6 I", A@, do solemnly s#ear +or affirm. that " #ill support and defend the Constitution of the /nited 0tates a ainst all enemies, forei n and domestic; that " #ill bear true faith and alle iance to the same; that " ta$e this obli ation freely, #ithout any mental reservation or purpose of evasion; and that " #ill #ell and faithfully dischar e the duties of the office on #hich " am about to enter! 0o help me -od!J )his section does not affect other oaths reEuired by la#! %4. T1*., 10, S/A*1*., A, !36* I, C+3-*,6 15, S,7*1(0 G %%%. I0*,6),6,07, ?1*+ S*3*, 302 F,2,63. .3?. )he President, by usin the militia or the armed forces, or both, or by any other means, shall ta$e such measures as he considers necessary to suppress, in a 0tate, any insurrection, domestic violence, unla#ful combination, or conspiracy, if itH +:. so hinders the eAecution of the la#s of that 0tate, and of the /nited 0tates #ithin the 0tate, that any part or class of its people is deprived of a ri ht, privile e, immunity, or protection named in the Constitution and secured by la#, and the constituted authorities of that 0tate are unable, fail, or refuse to protect that ri ht, privile e, or immunity, or to ive that protection; or +;. opposes or obstructs the eAecution of the la#s of the /nited 0tates or impedes the course of 4ustice under those la#s! "n any situation covered by clause +:., the 0tate shall be considered to have denied the eEual protection of the la#s secured by the Constitution! AUTHORIT' FOR ADMINISTRATIVE HEARING %5. T1*., 18 USC, !36* I, C+3-*,6 1, S,7*1(0 G 4. M14-6141(0 () ),.(08 Whoever, havin $no#led e of the actual commission of a felony co ni>able by a court of the /nited 0tates, conceals and does not as soon as possible ma$e $no#n the same to some 4ud e or other person in civil or military authority under the /nited 0tates, shall be fined under this title or imprisoned not more than three years, or both!

13

!ATRIOT ACT H.R. %162

%6. !ATRIOT ACT H.R. %162 SEC. 104. REJUESTS FOR MILITAR' ASSISTANCE TO ENFORCE !ROHIBITION IN CERTAIN EMERGENCIES.

T1*., 18, !36* I, C+3-*,6 11%B, S,7*1(0 G 2%%2,. R,F/,4*4 )(6 51.1*368 34414*307, *( ,0)(67, -6(+1A1*1(0 10 7,6*310 ,5,6>,071,4. )he Attorney -eneral may reEuest the 0ecretary of Defense to provide assistance under section 9D; of title := in support of Department of 3ustice activities relatin to the enforcement of section ;99;a of this title durin an emer ency situation involvin a #eapon of mass destruction! )he authority to ma$e such a reEuest may be eAercised by another official of the Department of 3ustice in accordance #ith section 9D; +f.+;. of title :=! SEC. 1002. SENSE OF CONGRESS #3$ FINDINGS Con ress finds that%% +:. all Americans are united in condemnin , in the stron est possible terms, the terrorists #ho planned and carried out the attac$s a ainst the /nited 0tates on 0eptember ::, ;==:, and in pursuin all those responsible for those attac$s and their sponsors until they are brou ht to 4ustice; T1*., 18, !36* I, C+3-*,6 11%B, S,7*1(0 G 2%%1. D,)101*1(04 +7. the term Idomestic terrorismJ means activities thatH +A. involve acts dan erous to human life that are a violation of the criminal la#s of the /nited 0tates or of any 0tate; +@. appear to be intendedH +i. to intimidate or coerce a civilian population; +ii. to influence the policy of a overnment by intimidation or coercion; or +iii. to affect the conduct of a overnment by mass destruction, assassination, or $idnappin ; and +C$ occur primarily #ithin the territorial 4urisdiction of the /nited 0tates! SEC. 22%. CIVIL LIABILIT' FOR CERTAIN UNAUTHORIIED DISCLOSURES S,7. 2712. C1:1. 37*1(04 3>3104* *+, U01*,2 S*3*,4 +a. 0ection ;7;= of title :D, /nited 0tates Code, is amended%% +:. in subsection +a., after NentityM, by insertin N, other than the /nited 0tates,M; +;. by addin at the end the follo#in 6 +f. AD2"N"0)RA)"G( D"0C"P'"N(% "f a court or appropriate department or a ency determines that the /nited 0tates or any of its departments or a encies has violated any provision of this chapter, and the court or appropriate department or a ency finds that the circumstances surroundin the violation raise serious Euestions about #hether or not an officer or employee of the /nited 0tates acted #illfully or intentionally #ith respect to the violation, the department or a ency shall, upon receipt of a true and correct copy of the decision and findin s of the court or 14

appropriate department or a ency promptly initiate a proceedin to determine #hether disciplinary action a ainst the officer or employee is #arranted! "f the head of the department or a ency involved determines that disciplinary action is not #arranted, he or she shall notify the "nspector -eneral #ith 4urisdiction over the department or a ency concerned and shall provide the "nspector -eneral #ith the reasons for such determination!M; TITLE 10 UCM@ %7. T1*., 10, S/A*1*., A, !36* II, C+3-*,6 47, S/A7+3-*,6 VII, S,7*1(0 G 842. A6*. 42. O3*+4 +a. @efore performin their respective duties, military 4ud es, members of eneral and special courts%martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall ta$e an oath to perform their duties faithfully! )he form of the oath, the time and place of the ta$in thereof, the manner of recordin the same, and #hether the oath shall be ta$en for all cases in #hich these duties are to be performed or for a particular case, shall be as prescribed in re ulations of the 0ecretary concerned! )hese re ulations may provide that an oath to perform faithfully duties as a military 4ud e, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be ta$en at any time by any 4ud e advocate or other person certified to be Eualified or competent for the duty, and if such an oath is ta$en it need not a ain be ta$en at the time the 4ud e advocate or other person is detailed to that duty! %8. T1*., 18, !36* I, C+3-*,6 67, S,7*1(0 G 1%85. U4, () A658 302 A16 F(67, 34 -(44, 7(51*3*/4 Whoever, eAcept in cases and under circumstances eApressly authori>ed by the Constitution or Act of Con ress, #illfully uses any part of the Army or the Air 1orce as a posse comitatus or other#ise to eAecute the la#s shall be fined under this title or imprisoned not more than t#o years, or both!

ARM' MANUAL %9. FM 27 5 M1.1*368 G(:,605,0* 302 C1:1. A))3164 40. T1*., 5 USC, !36* IIICE5-.(8,,4 0ubpart AH-eneral Provisions 0ubpart 1H'abor 2ana ement and (mployee Relations Chapter C9H0uitability, 0ecurity, and Conduct 0ubchapter "" % (mployment 'imitations 0ection 8 C9:9! Riots and civil disorders An individual convicted by any 1ederal, 0tate, or local court of competent 4urisdiction of O 15

+:. incitin a riot or civil disorder; +;. or ani>in , promotin , encoura in , or participatin in a riot or civil disorder; +9. aidin or abettin any person in committin any offense specified in clause +:. or +;.; or +K. any offense determined by the head of the employin a ency to have been committed in furtherance of, or #hile participatin in, a riot or civil disorder; shall, if the offense for #hich he is convicted is a felony, be ineli ible to accept or hold any position in the -overnment of the /nited 0tates or in the overnment of the District of Columbia for the five years immediately follo#in the date upon #hich his conviction becomes final! Any such individual holdin a position in the -overnment of the /nited 0tates or the overnment of the District of Columbia on the date his conviction becomes final shall be removed from such position! +b. 1or the purposes of this section, ?felony? means any offense for #hich imprisonment is authori>ed for a term eAceedin one year! )itle :D /0CHCrimes and Criminal Procedure Chapter <9HPublic *fficers and (mployees 0ection 8 :<:D! Disloyalty and assertin the ri ht to stri$e a ainst the -overnment Whoever violates the provision of section C9:: of title 7 that an individual may not accept or hold a position in the -overnment of the /nited 0tates or the overnment of the District of Columbia if heH +:. advocates the overthro# of our constitutional form of overnment; +;. is a member of an or ani>ation that he $no#s advocates the overthro# of our constitutional form of overnment; +9. participates in a stri$e, or asserts the ri ht to stri$e, a ainst the -overnment of the /nited 0tates or the overnment of the District of Columbia; or +K. is a member of an or ani>ation of employees of the -overnment of the /nited 0tates or of individuals employed by the overnment of the District of Columbia that he $no#s asserts the ri ht to stri$e a ainst the -overnment of the /nited 0tates or the overnment 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. )itle 7, Part """, 0ubpart 1, Chapter C9, 0ubchapter "", 8 C9::! 'oyalty and stri$in ! An individual may not accept or hold a position in the -overnment of the /nited 0tates or the overnment of the District of Columbia if heH +:. advocates the overthro# of our constitutional form of overnment; +;. is a member of an or ani>ation that he $no#s advocates the overthro# of our constitutional 16

form of overnment; +9. participates in a stri$e, or asserts the ri ht to stri$e, a ainst the -overnment of the /nited 0tates or the overnment of the District of Columbia; or +K. is a member of an or ani>ation of employees of the -overnment of the /nited 0tates or of individuals employed by the overnment of the District of Columbia that he $no#s asserts the ri ht to stri$e a ainst the -overnment of the /nited 0tates or the overnment of the District of Columbia!

CONGRESSIONAL AUTHORIT' AND MANDATE TO BRING SUIT !RIVATE ATTORNE' GENERAL AUTHORIT' GRANTED B' CONGRESS CONGRESSIONAL ENACTMENT FROM THE %1ST CONGRESS. !6(7,,210>4 10 :102173*1(0 () 71:1. 61>+*4 #SEE DOCUMENT$

T1*., 42, C+3-*,6 21, S/A7+3-*,6 I, S,7*1(0 G 198%. C1:1. 37*1(0 )(6 2,-61:3*1(0 () 61>+*4 (very person #ho, under color of any statute, ordinance, re ulation, custom, or usa e, of any 0tate or )erritory or the District of Columbia, sub4ects, or causes to be sub4ected, any citi>en of the /nited 0tates or other person #ithin the 4urisdiction thereof to the deprivation of any ri hts, privile es, or immunities secured by the Constitution and la#s, shall be liable to the party in4ured in an action at la#, suit in eEuity, or other proper proceedin for redress, eAcept that in any action brou ht a ainst a 4udicial officer for an act or omission ta$en in such officer&s 4udicial capacity, in4unctive relief shall not be ranted unless a declaratory decree #as violated or declaratory relief #as unavailable! 1or the purposes of this section, any Act of Con ress applicable eAclusively to the District of Columbia shall be considered to be a statute of the District of Columbia!

T1*., 42, C+3-*,6 21, S/A7+3-*,6 I, S,7*1(0 G 1988. !6(7,,210>4 10 :102173*1(0 () 71:1. 61>+*4 #3$ A--.173A1.1*8 () 4*3*/*(68 302 7(55(0 .3? )he 4urisdiction in civil and criminal matters conferred on the district courts by the provisions of titles :9, ;K, and C= of the Revised 0tatutes for the protection of all persons in the /nited 0tates in their civil ri hts, and for their vindication, shall be eAercised and enforced in conformity #ith the la#s of the /nited 0tates, so far as such la#s are suitable to carry the same into effect; but in all cases #here they are not adapted to the ob4ect, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses a ainst la#, the common la#, as modified and chan ed by the constitution and statutes of the 0tate #herein the court havin 4urisdiction of such civil or criminal cause is held, so far as the same is not inconsistent #ith the Constitution and 17

la#s of the /nited 0tates, shall be eAtended to and overn 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 uilty! #A$ A**(60,8K4 ),,4 "n any action or proceedin to enforce a provision of sections :<D:, :<D:a, :<D;, :<D9, :<D7, and :<DL of this title, title "B of Public 'a# <;O9:D P;= /!0!C! :LD: et seE!Q, the Reli ious 1reedom Restoration Act of :<<9 PK; /!0!C! ;===bb et seE!Q, the Reli ious 'and /se and "nstitutionali>ed Persons Act of ;=== PK; /!0!C! ;===cc et seE!Q, title G" of the Civil Ri hts Act of :<LK PK; /!0!C! ;===d et seE!Q, or section :9<D: of this title, the court, in its discretion, may allo# the prevailin party, other than the /nited 0tates, a reasonable attorney&s fee as part of the costs, eAcept that in any action brou ht a ainst a 4udicial officer for an act or omission ta$en in such officer&s 4udicial capacity such officer shall not be held liable for any costs, includin attorney&s fees, unless such action #as clearly in eAcess of such officer&s 4urisdiction! #7$ E;-,6* ),,4 "n a#ardin an attorney&s fee under subsection +b. of this section in any action or proceedin to enforce a provision of section :<D: or :<D:a of this title, the court, in its discretion, may include eApert fees as part of the attorney&s fee!

!RIVATE ATTORNE' GENERAL AUTHORIT' GRANTED B' CONGRESS Another eAcellent eAample of the ?private attorney eneral? provisions is the Rac$eteer "nfluenced and Corrupt *r ani>ations +R"C*. Act! R"C* allo#s avera e citi>ens +private attorneys eneral. to sue those or ani>ations that commit mail and #ire fraud as part of their criminal enterprise! )o date, there are over L= federal statutes that encoura e private enforcement by allo#in prevailin plaintiffs to collect attorneyMs fees!

Private Attorney -eneral authority; )he /!0! Con ress codified the private attorney eneral principle into la# #ith the enactment of Civil Ri hts AttorneyMs 1ees A#ard Act of :<CL, K; /!0!C! 8 :<DD! )he 0enate Report on this statute stated that )he 0enate Committee on the 3udiciary #anted to level the playin field so that private citi>ens, #ho mi ht have little or no money, could still serve as ?private attorneys eneral? and afford to brin actions, even a ainst state or local bodies, to enforce the civil ri hts la#s! )he Committee ac$no#led ed that, ?PiQf 18

private citi>ens are to be able to assert their civil ri hts, and if those #ho violate the NationMs fundamental la#s are not to proceed #ith impunity, then citi>ens must have the opportunity to recover #hat it costs them to vindicate these ri hts in court!? Where a plaintiff #ins his or her la#suit and is considered the ?prevailin party,? 8 :<DD acts to shift fees, includin eApert #itness fees Pat least in certain types of civil ri hts actions, under the Civil Ri hts Act of :<<:, even if not in 8 :<D9 actionsQ, and to ma$e those #ho acted as private attorneys eneral #hole a ain, thus encoura in the enforcement of the civil ri hts la#s! )he 0enate reported that it intended fee a#ards to be ?adeEuate to attract competent counsel? to represent client #ith civil ri hts rievances! 0! Rep! No! <K%:=::, p! L +:<CL.! )he /!0! 0upreme Court has interpreted the act to provide for the payment of a ?reasonable attorneyMs fee? based on the fair mar$et value of the le al services!

)he t#o parties #ho are petitionin the Administrative Hearin Court, both hold documents certifyin their status as Private Attorneys -eneral! Rodney Dale; Class did o to the /nited 0tates Committee on the 3udiciary, both on the House side and 0enate side, and did et his document received and stamped to Act as a Private Attorney -eneral, even thou h he #as not reEuired to do so! Carl; Weston has filed into the *$lahoma 0ecretary of 0tate for his Private Attorney -eneral document and it too has been received and stamped by officials! +0(( D*C/2(N)0 A))ACH(D. @oth have Authority to Act as Attorneys -eneral for the People to brin such an issue before the 2ilitary Administrative Hearin Court!

!ARTIES TO ACTION Parties to action Rodney Dale; Class & Carl; Weston, here $no#n as Petitioners; /N")(D 0)A)(0, /N")(D 0)A)(0 *1 A2(R"CA or a$a /N")(D 0)A)(0 dba C*RP*RA)"*N #ith le al authority and representation of the employees of the /N")(D 0)A)(0 19

C*RP*RA)"*N by (R"C H*'D(R, hereafter referred to as Defendants!

COM!LAINT N*W, C*2(0, before this Administrative Hearin Court, Rodney Dale; Class and Carl; Weston as Private Attorneys -eneral, the Petitioners on behalf of the People of the united 0tates of America and for ourselves, to set forth the Acts that are unbecomin of Public *fficials, #ho, s#orn to uphold throu h their *ath of office, the Constitution of :CDC as created by our forefathers! 0uch Acts unbecomin that of Public *fficials are bein carried out under the War and (mer ency Po#er Act, )he National (mer ency Act, the )radin #ith the (nemy Act, (mer ency @an$in Relief Act of :<99, all under )itle 7= /0C, emblematically throu h the use of a 2ilitary -old 1rin e 1la si nifyin 2artial 'a#! )he Petitioners come before this Administrative Hearin Court to address and to see$ remedy for violations under )itle 7 /0C, violations of the Constitution of :CDC, and of all of the above named statutes! 0uch Acts are committed by the Defendants deceptively impersonatin as military courts under the -old 1rin e 1la #ith such violations as follo#s6 Constitutionally protected ri hts, federal and state statute violation under )itle := 0ection 8999, the overthro# of a Constitutional form of overnment under )itle 7 /0C sec! 8C9:: and )itle :D /0C sec! 8:<:D, violation of honest service under )itle :D /0C sec! 8:9KL, and to default the civilian population into fraudulent debt dis uised as Acts of War! )he Defendants have used the ban$ruptcy of :<99 H3R :<; (Aecutive *rder L:=; to use civilian labor as credit or collateral as security for satisfaction of a debt! )he Petitioners ma$e claim of in4ury by the defendants by the use or misuse of military martial la#! )he court allo#s the people to believe that the old frin e fla #as an admiralty fla under /CC for contract la#! )he military and the Coast -uard both $no# that an Admiralty 1la 20

has a blue field #ith #hite stars! @ecause this issue deals #ith administrative abuse under a -old 1rin e 1la , this administrative hearin court has the only 4urisdiction to hear such a case as it involves acts of )R(A0*N, 0(D")"*N, AND 0/@G(R0"G( AC)"G")"(0 by those #ho are abusin their offices of public authority! )he Petitioners #ill brin forth a second issue also of in4ury under the misuse of the -old 1rin e 1la )he Courts and its Court officers are a#are of this! )he Petitioners do have t#o other cases pendin in the District of Columbia, one in the 0uperior Court of the District of Columbia under Case R ;==< CA ==79<: @ #ith 3ud e @R"AN 1 H*'(2AN, filed 3uly ;<, ;==<, and the other in /N")(D 0)A)(0 D"0)R"C) C*/R) *1 )H( D"0)R"C) *1 C*'/2@"A CA0( R6 :6=<%cv%=;:7:%HHS #ith 3ud e Henry H! Sennedy, Formerly Civil Action No. 7868-09 in the 0uperior Court of the District of Columbia! @oth of these cases are a ainst the /N")(D 0)A)(0 dba C*RP*RA)"*N! )he 3ud es in both cases are not respondin in a timely manner! "n 0hady -rove *rthopedic Associates v! Allstate "nsurance Co!, a 7%K ma4ority, led by 3ustice Antonin 0calia, held that the federal class action rule, Civil Procedure Rule ;9, trumped a Ne# ,or$ la# prohibitin class actions that see$ to recover statutory penalties or minimal recoveries! "n that case, the Court upheld a class action la#suit filed a ainst a corporation! )he private individual holds the same ri hts #hen filin suit a ainst a corporation!

)he Petitioners #ill also point out the (leventh Amendment of the Constitution! A5,025,0* &I )he 4udicial po#er of the /nited 0tates shall not be construed to eAtend to any suit in la# or eEuity, commenced or prosecuted a ainst one of the /nited 0tates by citi>ens of another state, or 21

by citi>ens or sub4ects of any forei n state! All ?4udicial po#er? of the ?inferior courts? comes from the 3udiciary Act of :CD<, as did the Attorney -eneral position! ?3udicial po#er? comes from Article """, 0ection ; of the Constitution! )he (leventh Amendment removed all ?4udicial po#er? in la#, eEuity, treaties, contract la#, and the ri ht of the 0tate to brin suit a ainst the People! )he positions of Attorney -eneral and Prosecutor, of both the /nited 0tates and the several states, come under the 3udicial branch, not the (Aecutive branch of the overnment! All attorneys come under the 3udicial branch and are 4udicial officers under the 0upreme Court, not under the 0ecretary of 0tate as licensed professionals, #hich means they can only represent the Court and not the People or the 0tate! )he (leventh Amendment removed all ?4udicial po#er? from the ?inferior courts? and the prosecutor&s office as #ell as from all court officers in la#, eEuity, and so forth! )he (leventh Amendment also ma$es a forei n state separation from the positions of the Public *ffice positions to thro# off the People! )he People have (leventh Amendment immunity, because there is N* ?3/D"C"A' P*W(R? of the ?inferior courts? AND the People have 1*R("-N 0*G(R("-N "22/N"),!

Article """, 0ec! ;, /!0! Constitution I)he H/21713. !(?,6 4+3.. ,;*,02 to all Cases, in 'a# and (Euity, arisin under this Constitution, the 'a#s of the /nited 0tates, and )reaties made, or #hich shall be made, under their Authority;%%to all Cases affectin Ambassadors, other public ministers and Consuls;%%to all Cases of admiralty and maritime 3urisdiction;%%to Controversies to #hich the /nited 0tates shall be a Party;%%to Controversies bet#een t#o or more 0tates;%%bet#een a 0tate and Citi>ens of another 0tate;%%bet#een Citi>ens of different 0tates;%%bet#een Citi>ens of the same 0tate claimin 'ands under -rants of different 0tates, and bet#een a 0tate, or the Citi>ens thereof, and forei n 0tates, Citi>ens or 0ub4ects!J

(leventh Amendment 22

I)he @/21713. -(?,6 () *+, U01*,2 S*3*,4 4+3.. 0(* A, 7(04*6/,2 *( ,;*,02 *( 308 4/1* in la# or eEuity, commenced or prosecuted a ainst one of the /nited 0tates by Citi>ens of another 0tate, or by Citi>ens (6 S/AH,7*4 () 308 F(6,1>0 S*3*,.L

)he 3ud es and their Court *fficers and defendants are a#are that the (leventh Amendment removed all ?3udicial Po#er? from the Courts, turnin them into Administrative hearin courts #ith no ?4udicial po#er? to rule in *R on la#, eEuity, treaties, contract la# *R issues bet#een the 0tate *R the /N")(D 0)A)(0 and its People! )he 3ud es and the Court *fficers are a#are, as are the Petitioners, that the authority dele ated by Article """, 0ection ; of the Constitution for the /nited 0tates of America #as amended and revo$ed by the (leventh Amendment on 1ebruary 7th, :C<7! )he 3ud es and Court *fficers and defendants are a#are that the *ffices of Attorney -eneral and Prosecutor #ere created under the same 3udiciary Act, as #ere the ?inferior courts!? When the (leventh Amendment removed ?3udicial Po#er? from the Courts, it also removed ?4udicial po#er? from the prosecution! Any prosecution done in la#, eEuity, contract la#, treaties or claims by the 0tate a ainst the People no# constitutes Putative 1raud and Dishonest 0ervice due to the salary contract that the public official has #ith the People to perform his5her duties as a Hearin *fficer and Prosecution *fficer! )hese contracts of these Public *fficers are private contracts under the Constitution, Article ", "", and """ and under the Compensation clause for services to the People! "t is a fact that a pleadin cannot be placed before a court that does not hold ?4udicial po#er? and :; +b. +:. or :; +b. +;. of the 1RCP and the Civil Rules of Procedure clearly describe #hy there is no ?4udicial po#er?! )he Courts and their officers are a#are of this problem #hen

23

they brin the American People into a court that does not hold 4udicial po#er, but instead, is ad4ourned under martial la#, #ith the old frin e military fla displayed used as a covert si nal!

C(/0* I. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the united 0tates Constitution6 Did #ith full $no#led e by ta$in a false oath to the Constitution, #ith the intent of deprivin the civilian population of life, liberty, property, 4ustice, and not to insure domestic tranEuility for the said civilian population!

C(/0* II. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 Did #ith full $no#led e place the people into servitude throu h their labor and lives for the public debt by borro#in a ainst the civilian population and forcin the civilian population to pay bac$ such public debt created by the Defendants for their personal ain and profit!

C(/0* III. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 Did #ith full $no#led e and intent set out to default the civilian population by flyin a -old 1rin e 1la in all civilian courts deprivin the people of a fair and impartial hearin and any defense in the Courts, by denyin the Constitution, 1ederal and 0tate 0tatutes, and Administrative procedures as and denyin them a defense in the Courts! )he (leventh Amendment, created by the Defendant, clearly sho#s that 4udicial po#er of the /nited 0tates Ishall notJ be IconstruedJ to IeAtend Ito any suit in Ila#I or IeEuity!J)he (leventh Amendment revo$es Article """ section ; statin 3udicial po#er shall eAtend to all cases in Ila# and eEuity!J /nder the use of the -old 1rin e 1la , the 1ederal and 0tates Courts no# use 2ilitary authority to deprive the civilian population of IA'' R"-H)0,J usin 2ilitary Authority under 2artial 'a#!

24

C(/0* IV. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to uphold and defend the united 0tates Constitution a ainst forei n and domestic enemies6 Did overthro# the people&s Constitutional overnment under the Amendatory Act of 2arch <, :<99, (Aecutive *rder L:=; and H3R :<; on 3une 7th :<99 and the K< 0tat. 9=<C9 )reaty 0eries DD:! C*NG(N)"*N *N R"-H)0 AND D/)"(0 *1 0)A)(0 on Dec ;L, :<99. )hereby creatin 3 ne# /N")(D 0)A)(0 dba C*RP*RA)"*N under (mer ency @an$in Relief Act of :<99!

C(/0* V. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 )he Defendants did #ith full $no#led e and intent set out to default the civilian population, of their soverei nty, denyin them of their property ri hts, denyin their inalienable ri hts, and denyin their ri hts to a Republican form of overnment!

C(/0* VI. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 )he Defendants have #ith full $no#led e and intent deprived the civilian population of a Constitutional form of overnment for failure to follo# the 3efferson&s 2anual Rules and Practices of the House of Representatives on ho# the enactments are to be passed! House 3oint Resolutions are not la# or statutes, 4ust resolutions! +Resolution +la#., a #ritten motion adopted by a deliberative body.

C(/0* VII. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution! )he Defendants have #ith intent deprived the civilian population of a Constitutional form of overnment for failure to follo# the 0enate 2anual Rules and Practices of the 0enate on ho# the enactments are to be passed! 0enate 3oint Resolutions are not la# or statutes, 4ust a resolution! +Resolution +la#., a #ritten motion adopted by a deliberative body. Definition of; A 4oint resolution is often used #hen Con ress needs to pass le islation to solve a limited or temporary problem! 1or eAample, it is used as a temporary measure to provide continuin appropriations for overnment pro rams #hen annual appropriations bills have not 25

yet been enacted! )his type of 4oint resolution is called a continuin resolution! Another use of 4oint resolutions is to propose amendments to the /!0! Constitution! Resolutions proposin constitutional amendments must be approved by t#o%thirds of both houses! )hey do not reEuire the presidentMs si nature, but instead become la# #hen they are ratified by three%fourths of the states! A6*17.,. V. )he Con ress, #henever *?( *+1624 () A(*+ H(/4,4 shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the 'e islatures of t#o thirds of the several 0tates, shall call a Convention for proposin Amendments, #hich, in either Case, shall be valid to all "ntents and Purposes, as Part of this Constitution, #hen ratified by the 'e islatures of *+6,, )(/6*+4 () *+, 4,:,63. S*3*,4, or by Conventions in three fourths thereof, as the one or the other 2ode of Ratification may be proposed by the Con ress; Provided that no Amendment #hich may be made prior to the ,ear *ne thousand ei ht hundred and ei ht shall in any 2anner affect the first and fourth Clauses in the Ninth 0ection of the first Article; and that no 0tate, #ithout its Consent, shall be deprived of its eEual 0uffra e in the 0enate!

C(/0* VIII, Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 )he Defendants did s#ear a false *ath to the Constitution and did #ith intent set out to defraud the civilian population by declarin and si nin into affect a non ONational (mer ency to continue the fraud and abuse upon the civilian population to create hardship, deprive the people of their 4obs, their liberty and have no# placed the civilian population in fear of their lives and their family members& lives! )hese acts are intended to create civil unrest amon the people, in order to invo$e acts of violence and civil disorder! C(/0* I&. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution, by such acts constitutin insurrection and rebellion of these Public *fficials #ho s#ear such an *ath to the Constitution and to the People! No# a 1ourteenth Amendment @ounty placed a ainst the public debt can be applied to those Public *fficials #ho have ta$en part in such an overthro# 26

of the people&s Constitutional and Republican form of overnment as incorporated in the :CDC Constitution and the 1ourteenth Amendment #as passed by those #ho held Public office in :DLD and ives the Remedy to pay bac$ all public debt created by the Defendants! C(/0* &. Acts unbecomin of a Public *fficial+s. under a s#orn *ath to the Constitution6 )he teAt belo# comes from */R Declaration of "ndependence! )hose #ho hold these public offices s#orn to such an oath are in violation of the very foundation of */R Declaration of "ndependence! )hose defendants #ho hold such public office have #illfully and #ith intent, set out to destroy the peace and tranEuility of the people in this nation! We hold these truths to be self%evident, that all men are created eEual, that they are endo#ed by their Creator #ith certain unalienable ri hts, that amon these are life, liberty and the pursuit of happiness! )hat to secure these ri hts, overnments are instituted amon men, derivin their 4ust po#ers from the consent of the overned! )hat #henever any form of overnment becomes destructive to these ends, it is the ri ht of the people to alter or to abolish it, and to institute ne# overnment, layin its foundation on such principles and or ani>in its po#ers in such form, as to them shall seem most li$ely to effect their safety and happiness! Prudence, indeed, #ill dictate that overnments lon established should not be chan ed for li ht and transient causes; and accordin ly all eAperience hath sho#n that man$ind are more disposed to suffer, #hile evils are sufferable, than to ri ht themselves by abolishin the forms to #hich they are accustomed! @ut #hen a lon train of abuses and usurpations, pursuin invariably the same ob4ect evinces a desi n to reduce them under absolute despotism, it is their ri ht, it is their duty, to thro# off such overnment, and to provide ne# uards for their future security! H 0uch has been the patient sufferance of these colonies; and such is no# the necessity #hich constrains them to alter their former systems of overnment! )he history of the present Sin of -reat @ritain is a history of repeated in4uries and usurpations, all havin in direct ob4ect the establishment of an absolute tyranny over these states! )o prove this, let facts be submitted to a candid #orld! :!He has refused his assent to la#s, the most #holesome and necessary for the public ood! ;! 1or imposin taAes on us #ithout our consent6 9! 1or deprivin us in many cases, of the benefits of trial by 4ury6

27

K! 1or protectin them, by moc$ trial, from punishment for any murders #hich they should commit on the inhabitants of these states6 7! He has made 4ud es dependent on his #ill alone, for the tenure of their offices, and the amount and payment of their salaries! L! He has erected a multitude of ne# offices, and sent hither s#arms of officers to harass our people, and eat out their substance! C! He has $ept amon us, in times of peace, standin armies #ithout the consent of our le islature D! 1or ta$in a#ay our charters, abolishin our most valuable la#s, and alterin fundamentally the forms of our overnments6 <! He has eAcited domestic insurrections amon st us, and has endeavored to brin on the inhabitants of our frontiers, the merciless "ndian sava es, #hose $no#n rule of #arfare, is undistin uished destruction of all a es, seAes and conditions! :=! "n every sta e of these oppressions #e have petitioned for redress in the most humble terms6 our repeated petitions have been ans#ered only by repeated in4ury! A prince, #hose character is thus mar$ed by every act #hich may define a tyrant, is unfit to be the ruler of a free people! ::! Nor have #e been #antin in attention to our @ritish brethren! We have #arned them from time to time of attempts by their le islature to eAtend an un#arrantable 4urisdiction over us! We have reminded them of the circumstances of our emi ration and settlement here! We have appealed to their native 4ustice and ma nanimity, and #e have con4ured them by the ties of our common $indred to disavo# these usurpations, #hich, #ould inevitably interrupt our connections and correspondence! We must, therefore, acEuiesce in the necessity, #hich denounces our separation, and hold them, as #e hold the rest of man$ind, enemies in #ar, in peace friends! :;! We, therefore, the representatives of the /nited 0tates of America, in -eneral Con ress, assembled, appealin to the 0upreme 3ud e of the #orld for the rectitude of our intentions, do, in the name, and by the authority of the ood people of these colonies, solemnly publish and declare, that these united colonies are, and of ri ht ou ht to be free and independent states; that they are absolved from all alle iance to the @ritish Cro#n, and that all political connection bet#een them and the state of -reat @ritain, is and ou ht to be totally dissolved; and that as free and independent states, they have full po#er to levey #ar, conclude peace, contract alliances, establish commerce, and to do all other acts and thin s #hich independent states may of ri ht do! And for the support of this declaration, #ith a firm reliance on the protection of Divine Providence, #e mutually pled e to each other our lives, our fortunes and our sacred honor!

28

RELIEF CAN BE FOUND IN FOURTEENTH AMENDMENT, SECTION 4 0ection K! )he validity of the public debt of the /nited 0tates, authori>ed by la#, includin debts incurred for payment of pensions and A(/0*1,4 )(6 4,6:17,4 10 4/--6,4410> 104/66,7*1(0 (6 6,A,..1(0, shall not be Euestioned! @ut neither the /nited 0tates nor any 0tate shall assume or pay any debt or obli ation incurred in aid of insurrection or rebellion a ainst the /nited 0tates, or any claim for the loss or emancipation of any slave; but all such debts, obli ations and claims shall be held ille al and void! )he Petitioners& relief sou ht comes from the fourteenth amendment section K of the Constitution6 bounties a ainst public debt for insurrection and rebellion a ainst a constitutional form of overnment! All public debt created by the defendants #ho #or$ for or are retired from the le islative, 4udicial, or eAecutive branches, as found in the Constitution under Article ", "", and """, #ill be reEuired to forfeit all pay, all real property, all ban$ accounts and etc!, in order to clear the public debt created by the defendants! )his Administrative Court under the Administrative Procedure Act L= stat ;9C 0!C of :<KL has the po#er to rant such a demand under )itle 7 section 77: sanctions! )he Administrative Court has the po#er to ma$e the people #hole before such in4ury created by the defendants! )his is the purpose of an Administrative Hearin 6 to correct the abuse and misuse of public office #hen it becomes harmful and dan erous to the best interest of the public! What this means is this6 Any profit or ain by these Public *fficials by misuse or abuse of such public office #hich has created a public debt over and beyond normal cost, can no# be collected from those public officials throu h a performance bond, includin their homes, personal items, stoc$s, bonds, ban$ accounts, birth certificate accounts, retirements, bonuses, and pensions bein paid to a spouse, and etc!, to be used to pay bac$ the public debt created by that official! )itle 7 /0C under section 77: also ives more detail and the Petitioners eApect to provide further information at the time of the hearin ! 29

CONCLUSION )he Petitioners have come before this Administrative Hearin Court to address Constitutional violations by those #ho hold Public offices under )itle 7 of the /N")(D 0)A)(0 C*D(0; -*G(RN2(N) *R-AN"TA)"*N AND (2P'*,((0! )he Public *fficials under our Constitution and under 1ederal Administrative Procedures and 0tatutes are reEuired to s#ear such an *ath to uphold the Constitution of the united 0tates at all cost! As of this date, those fallin under )itle 7 have failed to do so and have overthro#n such foundation for #hich this Nation stands! 0ince :<99 this Nation has been under a declared National (mer ency under the War Po#er Act! )he President every t#o years has declared a 0tate of (mer ency! "n all public buildin s, 1ederal and 0tate Courtrooms, churches, in all Capital office buildin in the hall#ays of Con ress and etc!, the 2ilitary -old 1rin e 1la flies as a symbol of 2ilitary Authority rulin over this Nation! )he floor of the united 0tates Con ress is one of the fe# place in #hich *ld -lory han s as a symbol of non%military 4urisdiction! )he Petitioners have come to the only Administrative Authority that #ould have 4urisdiction under Homeland 0ecurity and the /nited 0tates Coast -uard Administrative Hearin Court, to place such an issue! )his is a National emer ency an act of terrorism upon the civilian population of the united 0tates of America! @ecause if this Nation is in a 0tate of (mer ency then those under )itle 7 have committed an act of )reason, insurrection or rebellion by denyin the protection of ri hts as found in the Constitution and the @ill of Ri hts, 1ederal and 0tate statutes to the people! "f this nation is not in a state of (mer ency then those public officials flyin the -old 1rin e 1la have no# violated )itle K by flyin the fourth color no# impersonatin 2ilitary authority in order to -1..3>, 302

30

-./02,6 the civilian population at unpoint!

)here is enou h Cause to have this Administrative Court hear this case! )he Petitioners, if need be, can invo$e a rand 4ury indictment to be placed before this Administrative Court! Reminder, if needed6 Article """, 0ection 9 of the :CDC Constitution states that the testimony of t#o #itnesses to acts of treason is enou h to have such a hearin before the Administrative Court! Private Attorney -eneral 0eal UUUUUUUUUUUUUUUUUUUUUUUU Rodney Dale; Class /!0!N! Geteran C5o P! *! @oA K97 Hi h 0hoals, N!C! ;D=CC Private Attorney -eneral C=K CK; 9:;9

UUUUUUUUUUUUUUUUUUUUUUUU Petitioner; Carl; Weston ;D7: N! H#y LL, R:D Catoosa, *$! CK=:7 Private Attorney -eneral PH*N( R<:D K=C :;DC

31

!ROOF OF SERVICE Petitioners Rodney Dale; Class and Carl; Weston, as Private Attorney -enerals, come before the /!0! C*A0) -/ARD H(AR"N- *11"C( D()ACH2(N), C- H* 20 C:L=, K;== W"''0*N @'GD, 0/")( L== AR'"N-)*N, GA ;=7<D%C:L= #ith this Administrative Complaint to be heard and filed into the record of this Administrative Court! )he Petitioners no# file #ith the Administrative Cler$6 PRA,(R 1*R AD2"N"0)RA)"G( H(AR"N-; P()")"*N 1*R R(DR(00; @"'' *1 R"-H)0, AD2"N"0)RA)"G( G"*'A)"*N *1 )H( /N")(D 0)A)(0 :CDC C*N0)")/)"*N & :CD< @"'' *1 R"-H)0; AD2"N"0)RA)"G( G"*'A)"*N *1 /N")(D 0)A)(0 C*D(06 )")'( 7 1(D(RA' AD2"N"0)RA)"G( PR*C(D/R(0 AC), )")'( 7! 0(C)"*N 999: *A)H *1 *11"C(, )")'( 7 0(C)"*N C9::, )")'( :D 0(C)"*N0 ;K:, ;K;, :==:, :9KL, :7=;, :<:D, ;99:, :<7;,:<7K, :<7L, :<7C, :<7D, :<7<, :<L=, :<L:, )")'( := 0(C)"*N 999; G"*'A)"*N *1 /0 C*N0)")/)"*N6 AR)"C'( " 0(C)"*N L, AR)"C'( "" 0(C)"*N K, AR)"C'( """ 0(C)"*N 9, A2(ND2(N) B" & A2(ND2(N) B"G, to have it placed into the record on this day of UUUUUUUUUUUU and month of UUUUUUUUUUUUUUUU in the year of our 'ord ;=:= AD, to be filed and placed on a doc$et sheet, and to be heard before the Administrative Court! )he Defendant, (ric Holder, #ill be served in three #ays6 by special carrier, by /0P0 and by private mailin !

UUUUUUUUUUUUUUUUUUUUUUUU Rodney Dale; Class /!0!N! Geteran C5o P! *! @oA K97 Hi h 0hoals, N!C! ;D=CC Private Attorney -eneral C=K CK; 9:;9

UUUUUUUUUUUUUUUUUUUUUUUU 32

Petitioner; Carl; Weston ;D7: N! H#y LL, R:D Catoosa, *$! CK=:7 Private Attorney -eneral PH*N( R<:D K=C :;DC

cc6 /N")(D 0)A)(0 dba C*RP*RA)"*N C*RP*RA)"*N 'AW 1"R2 'AW *11"C(R (R"C H*'D(R /!0! Department of 3ustice <7= Pennsylvania Avenue, NW Washin ton, DC ;=79=%===: Defendant *ther party bein served #ith a notification of the complaint6 0ecretary 3anet Napolitano Department of Homeland 0ecurity /!0! Department of Homeland 0ecurity Washin ton, DC ;=7;D Rep! @ennie -! )hompson /!0! House of Representatives Committee on Homeland 0ecurity Washin ton, D!C! ;=7:7 Coast -uard HeadEuarters Commandant, /!0! Coast -uard ;:== 0econd 0treet, 0W Washin ton, DC ;=7<9

33