Monday, June 6, 2016

OPPRESSION DENYING 50 MILLION OWED & DENYING 1st Amend. FREEDOM OF SPEECH & AIDING JUDGE KIELY FROM JUSTICE

  UNITED STATES ATTORNEY OFFICE
                                             10 W. MARKET STREET SUITE 2100
                                             INDIANAPOLIS IN. 46204 / FAX # 317 226 6125

Jesha Miller
1733 Davcohn Ave.
Evansville IN. 47714
yhwhyesha@yahoo.com

Reference: Criminal complaint against District Judge Richard Young & Magistrate Matthew Brookman. Title 18 sec. 241 - Conspiracy Against Rights & Title 18 sec. 242 - Deprivation of Rights under Color of Law.  Denied 50 million dollars owed for default of 14th amendment right to due process & miscarriage of justice. Denied the guaranteed right to freedom of the press to shield the misdeeds of Judge David Kiely & the sanctity of the Judiciary by concealing oppression, dereliction of duty, & abuse of power in the U.S. Supreme Court. Judge Richard Young was given opportunity to amend & avoid criminal charges but continued defiance of the Supreme Law of the land demanding he protect & secure the right to free speech - press. In the Independence of the Judiciary he has a duty to enforce the law. The 1st amendment is intended to help UPHOLD THE INTEGRITY OF THE CONSTITUTION BY EXPOSING GOVERNMENT CORRUPTION, NOT TO CONCEAL GOVERNMENT CRIME & CORRUPTION, 1st amendment specifies that is an EVIL to be prevented. [ There is a crime involved pursuant to Title 18 sec. 243 which is the exclusion of jurors on account of race so the concealment is aiding & abetting a criminal from justice. ] Judge Richard Young states this was ten ( 10 ) years ago but there are no time limits because the rights are guaranteed under the Bill of Rights, Rights government MUST PROTECT. I'M ENTITLED TO PRELIMINARY INJUNCTION FOR IMMEDIATE RELIEF.
{ rightsdeniedundercoloroflaw.blogspot.com } { evidencesupremecourtcorrupt.blogspot.com }
{ evidencetopay50milliondollars.blogspot.com }

  Magistrate Matthew Brookman & Judge Richard Young did conspire to oppress Jesha Miller from receiving 50 million dollars by Order of preliminary injunction relief I am entitled to for the Judicial Branch DEFAULT ON THE GUARANTEED RIGHT TO DUE PROCESS under the 14th amendment in case No. 3 : 16 - cv - 00058 - RLY - MPB. In addition my first amendment right to freedom of the PRESS was denied to conceal corruption in the entire Judicial Branch of government which is unprecedented as it includes the U.S. Supreme Court.

   To prove beyond all doubt I am entitled to 50 million dollars for the denial of the right to due process I presented IRREFUTABLE EVIDENCE IMPOSSIBLE TO DENY THE 6th, 13th, & 14th amendments have been violated by Judge David Kiely in a Vanderburgh County Circuit Court Proceeding. Judge David Kiely violated the State & Federal Constitutional right to a trial by a fair & impartial jury by excluding members of my race to impose an All white jury. The records also show an immediate objection & Judge David Kiely was informed THE LAW WOULD NOT SUPPORT IT, SO HE DID SO WILLFULLY. I demonstrated a violation of the 14th amendment right to due process in 3 ways. ( 1 ) Violating the 6th amendment right of due process to a trial by a fair & impartial jury as mandated by the 14th amendment under the State & Federal Constitution, ( 2 ) by Constitutional Law #250.2 ( 4 ) which provides: Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life. liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313., and most important ( 3 ) there are STATUTES & PROHIBITIONS implemented to prevent officials from doing this but Judge David Kiely did it anyway with malicious intent to impose Slavery in violation of the 13th amendment. When a citizen’s freedom is taken without being duly processed it violates the 13th amendment which abolished SLAVERY. For that reason I am entitled to the 50 million dollars as stipulated in Case No. 04 - 7377 of the U.S. Supreme Court. I served to protect the right to freedom as a member of the United States Air Force being a Veteran of the Vietnam Era. These are inalienable rights now disparaged because I am a Black Man evidenced by this being labeled Frivolous. [ See; evidencetopay50milliondollars.blogspot.com. ]
The statutory prohibition on discrimination in the selection of jurors 18 U.S.C. sec. 243, enacted pursuant to the 14th Amendments enabling clause makes race neutrality in jury selection visible & inevitable measure of the Judicial System’s own commitment to the demands of the Constitution.

I established the default 3 different ways the Courts violated the 14th amendment guaranteed by the Bill of Rights that government must protect. Guarantee meaning - 1. To assume responsibility for the debt, default, or miscarriage of justice.




                      IRREFUTABLE EVIDENCE IMPOSSIBLE TO DENY OR DISPROVE
( Trial transcripts - pages 125, 246, 247, 250 )( apcalledtoexposecorruption.blogspot.com )

The Court: Welcome I’m David Kiely                          ( page 125)
Mr. Vowels: At this point there is no black people in the jury and there was no black people in the jury panel. We have a right to object to that. I can tell you I don’t think the law will support it but I think that, if we want to do that, Mr. Miller we need to do it right now.
The Defendant: Yeah, we’ll do.. Object to that right now then.     ( page 246 )
Mr. Vowels: My client objects to the FACT that none of the venire men nor the jury are Black people. He -- and that is based upon an assertion that he is ENTITLED to a jury of his peers. The component of race should be included in the concept of peer. The FACT THAT THERE ARE NO BLACK PEOPLE WITHIN THIS VENIRE I think causes this jury not to be a jury of my client’s peers.     ( page 247 )
Mr. Vowels: I don’t think Indiana’s in full compliance with the federal government’s motor/ voter registration law. As a result of that we don’t get a fair cross section in the venire and, as a result of that my client’s rights under the Federal & State Constitution to a fair & impartial jury as MANDATED through the Fourteenth Amendment and through the federal legislation I THINK THAT’S BEEN VIOLATED.
The Court: Show it overruled
The Defendant: There is a violation. Your Honor
The Court: Show it overruled. Sir Okay. we’re going to start

That is irrefutable evidence the Judge David Kiely  violated the 14th amendment right to due process by imposing an all White jury, no cross section in the Venire so there’s no possibility of Blacks in the jury. That is IRREFUTABLE EVIDENCE MY RACE HAS BEEN EXCLUDED. Specifically I was held in violation of Constitutional Law # 250.2 ( 4 ) Which provides:  Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life. liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color.  Virginia v. Rives 100 U.S. 313
The statutory prohibition on discrimination in the selection of jurors 18 U.S.C. sec. 243, enacted pursuant to the 14th Amendments enabling clause makes race neutrality in jury selection visible & inevitable measure of the Judicial System’s own commitment to the demands of the Constitution.
Judge David Kiely- FAILS TO PERFORM HIS CONSTITUTIONAL DUTY- recognized by sec. 4 of the CIVIL RIGHTS ACT of March 1, 1875...NOT TO PURSUE A CONDUCT IN THE ADMINISTRATION OF THEIR OFFICE which would OPERATE TO DISCRIMINATE in the SELECTION OF JURORS ON RACIAL GROUNDS.

That is irrefutable evidence impossible to deny a 14th amendment violation by Judge David Kiely imposing an all white jury excluding my race in violation of the 6th amendment right to a jury by a fair & impartial & violating the 14th amendment right to due process.
Section 13. Rights of the accused in criminal prosecution. Section 13. In all criminal prosecution, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed, [ INDIANA CONSTITUTION ]
6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, [ FEDERAL CONSTITUTION ]
[ TRANSCRIPTS AFFIRM JUDGE DAVID KIELY VIOLATED STATE & FEDERAL CONSTITUTIONS WILLFULLY, BEING INFORMED BY ATTORNEY VOWELS IN VIOLATION OF THE 6TH & 14TH AMENDMENTS, IRREFUTABLE EVIDENCE ]
Irrefutable evidence establishes the complaint is not frivolous and the plaintiff is entitled to monetary relief as stipulated in Case No. 04-7377, United States Supreme Court.
  Judge Richard Young dismissed the complaint as Frivolous when there are Statutes implemented to stop Judges from doing this as to the importance is that Congress made it a crime to exclude a race from the jury. As a people it renders Blacks second class citizens. The Conspiracy to oppress the right to freedom of the Press is politically connected as well as to cover-up the crime because this exposes corruption in the U.S. Supreme Court. ( I know as the U.S. Attorney general you are part of the Judicial Branch but I would think you will PROSECUTE due to the entitlement of the rights violated are the 13th & 14th amendments whereas I am a Veteran of the Vietnam Era who was enslaved in violation of the `13th amendment but even more so in respect for the checks & balances to run a clean government as they uphold the integrity of the Constitution. )           [ rightsdeniedundercoloroflaw.blogspot.com. ]
   Judge Richard Young dismisses using Frivolous & no relief when the evidence is so Irrefutable, meaning impossible to deny that even he states “ the exclusion of Blacks “ which violates the Constitution & Laws of the U.S. His actions violate the Canons of the Judiciary
1)  Fails to uphold the integrity & independence of the Judiciary by refusing to pay the 50 million dollars for the default of the right to due process which is guaranteed despite being proven to be default in 3 different ways. The Independence to trust is destroyed when the COURTS are under an AFFIRMATIVE DUTY to ENFORCE the STRONG STATUTORY & CONSTITUTIONAL POLICIES EMBODIED IN THE PROHIBITION which he states are FRIVOLOUS. That’s NO INTENT TO ADHERE TO THE DEMANDS OF THE CONSTITUTION. In his dishonesty he dismissed the case as Frivolous to delay by using red tape requiring me to show cause. I showed cause & relief by Irrefutable evidence only to be dismissed as there never was any intent of justice & equality. What he does by these actions is take away my Constitutional right to a trial by jury because then I would succeed. [ Special Note: To the extent of imposed corruption in Indiana evidence was submitted to the Court of imposed or condoned Slavery by every Branch of Indiana Government which is online at suspendoperationoflawiga.blogspot.com. ]
2) This is a show of impropriety because the evidence was Irrefutable being so impossible to deny that even his reply to Blacks being excluded violated Constitutional Law which he refused to comply to to oppress Jesha Miller from receiving the 50 million dollars, a criminal act pursuant to Title 18 sec. 241 denying a right  guaranteed by Constitutional Law # 250.2 ( 4 ) proving the entitlement by a 14th amendment exclusion of my race. The 1st amendment / ANNOTATIONS 10 - The purpose of the speech - press clauses has evidently been TO PROTECT PARTIES IN THE FREE PUBLICATION OF MATTERS OF PUBLIC CONCERN, TO SECURE THEIR RIGHT TO A FREE DISCUSSION OF PUBLIC EVENTS & PUBLIC MEASURES, AND TO ENABLE EVERY CITIZEN AT ANYTIME TO BRING THE GOVERNMENT & ANY PERSON IN AUTHORITY TO THE BAR OF PUBLIC OPINION BY ANY JUST CRITICISM UPON THEIR CONDUCT IN THE EXERCISE OF AUTHORITY WHICH THE PEOPLE HAVE CONFERRED UPON THEM. Oppression by the U.S. Supreme Court to deny 50 million dollars is just criticism, abuse of power denying the Habeas Corpus which is a power denied government under Article I, sec 9 is just criticism, & the ACT AGAINST LAW by the U.S. Supreme Court remanding a citizen to imposed Slavery is just criticism. I would succeed against the media because the first amendment prevents censorship by the media which would conceal government corruption and the Constitution is the SUPREME LAW OF THE LAND. THIS ENTITLES ME TO PRELIMINARY RELIEF WHEREAS I ASKED FOR THE MEDIA TO CEASE DENYING MY FIRST AMENDMENT RIGHT TO FREEDOM OF THE PRESS TO INFORM THE AMERICAN PUBLIC WHO HAVE A RIGHT TO KNOW SO THAT THEY'RE RIGHTS ARE PROTECTED.
3) Failing to perform their duties fairly, justice to the poor as well as the rich, to a citizen proceeding pro-se, as well as the High Profile Attorneys, & diligently as executed according to the Constitution stating at any time which Both judges denied totally to conceal judicial branch corruption is a criminal act. Rights delayed are Rights denied 3 times by Magistrate Matthew Brookman & twice Judge Richard Young denied both the money owed & freedom of the press.

    Wherefore, the complaint is supported by Irrefutable evidence in the transcripts I was denied 50 million dollars I’m entitled to as RELIEF  for the default of the right to due process guaranteed by the 14th amendment as well as the right to freedom of the press guaranteed by the 1st amendment. The U.S. Attorney must stop any further money oppression by ORDERING the Court to assign another Judge to secure the right to money & the right to freedom of the press by preliminary injunction relief this June 8, 2016 as restitution to the injured party. I need a car for transportation immediately so contact the Treasury Department to send 10,000 dollars for the next two days that can be deposited in my penpal account. I have no food, money, or phone, so leave message at the above number or on my email at yhwhyesha@yahoo.com. This need be done to stop money oppression until the Order by the Court this Wednesday to pay the 50 million dollars for default.

Respectfully Submitting title 18 sec 242 - Jesha Donaldson Miller         
Date: June 5, 2016

Dear Jesha Miller,

Your fax to U.S. ATTORNEY at 3172266125 has been sent successfully!
Successful delivery of your fax was confirmed at 3:50 PM Eastern Daylight Time on June 5th, 2016.
Your fax included 1 page of coversheet with your text and 3 pages of attached documents.

Thank you,
FaxZero.com
           Make restitution by paying 50 million dollars this Wednesday June 8, 2016

Tuesday, May 24, 2016

MOTIVE, DENY 50 MILLION, ABUSE OF POWER, ACT AGAINST THE LAW IMPOSING SLAVERY PROVEN SHOWING CAUSE IN DISTRICT COURT


                                         UNITED STATES DISTRICT COURT
                                         SOUTHERN DISTRICT OF INDIANA
                                                  EVANSVILLE DIVISION

JESHA DONALDSON MILLER
                               Plaintiff,

                    vs.                                  No. 3:16 - cv - 00058 - RLY - MPB
                                                     Time Sensitive / ORDER FREEDOM OF
                                                            PRESS MAY 26, 2016
TOM WHEELER, etc.,

1   Motion Demanding Enforcement by Preliminary Injunctive Relief,        
2   Plaintiff showing Cause to Amend all Dismissals by the Court   

  1. Plaintiff demands immediate enforcement of the 1st amendment right to Freedom of the Press this May 19, 2016 as preliminary injunctive relief. The plaintiff established he will succeed by the merits in the previous filing May 3, 2016. The merits meaning, especially to deserve or worthy. [ The plaintiff established just criticism with irrefutable evidence of government corruption & conduct in the exercise of authority which the people have conferred upon them. ] See, number 4.
4     The just criticism is abuse of power by the U.S. Supreme in case No. 04-7377, Article I, sec. 9 whereas the Court denied the Habeas Corpus which is a power denied government to secure the right to freedom when held in violation of the Constitution & Laws of the U.S.
     Judge David Kiely is the principle in this case who denies the unalienable right ‘ all men are created equal”, which is guaranteed by the 6th amendment right to an impartial jury & the 14th amendment right to due process. [ see; page 250 he imposes an all white jury
& denies the 14th amendment right to due process and overrules the State & Federal Constitution. Taking a citizen’s freedom without being duly processed violates the 13th Amendment which abolished SLAVERY. ] SPECIFICALLY, I was held in violation of Constitutional Law # 250.2 ( 4 ) which provides; Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life. liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313. ] [ See: pages 247, 248, 250 ]
[ The U.S. Attorney General Loretta Lynch received a petition redressing government June 1, 2015. This is 1st amendment right to redress government that the Justice Department failed to process in the timely manner of 60 to 90 days.
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.  It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices.  It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.  It also guarantees the right of citizens to assemble peaceably and to petition their government.

I again reminded the Justice Department they had exceeded the time limit to process the petition in September & the Justice department has yet to process the guaranteed right to redress government. This is 11 months later which is self evident they have no intentions to process the petition redressing government. This is a guaranteed right under the first amendment that is being denied by government so I will SUCCEED ON THE MERITS.

  The first amendment specifies I have the right to freedom of the press guaranteed under the 1st amendment by just criticism upon the government or any person in authority upon their conduct. Abuse of power by the U.S. Supreme Court is just criticism & is also UNPRECEDENTED TO JUSTIFY THE CONSTITUTION’S CHECKS & BALANCES INTENDED TO PREVENT ABUSE OF POWER IN ANY BRANCH OF GOVERNMENT. The acts by Judge David Kiely denying the unalienable right to a trial by a fair & impartial jury is just criticism because here Judge David Kiely fails to perform his constitutional duty- recognized by sec. 4 of the Civil Rights Act of March 1, 1875.. Not to pursue a conduct in the administration of their office which would operate to discriminate in the selection of jurors on racial grounds.
Federal Crime pursuant to Title 18 sec. 243. Violating my rights under color of law pursuant to Title 18, sec. 242 is just criticism to succeed on the merits supported by irrefutable evidence. [ Where there’s evidence there a case. ] The Court cannot dismiss as Frivolous.
U.S. Attorney General denies the guaranteed right to redress government under the 1st amendment & the second notice of the violation affirms she had no intention to comply with the guaranteed right to redress government. Certified mail affirms the Justice Department failed to comply with the right to redress government 3 times to affirm no intention to comply with the law of the land. The evidence prevents the Court from dismissing as frivolous.
                                                     IRREPARABLE HARM
   "Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution. The result of the Court’s delay has resulted in tooth aches, lost teeth, repo’d car, no food, clothing, eviction, & threatens life in itself by heart attack.
[ See: racismbyjudgerichardyoungagainstjesha.blogspot.com -  Doctor diagnosis it could lead to heart attack, diabetes, stroke, & respiratory problems. ] The teeth are now in a state of non repair with immediate medical treatment needed & the longer government conceals this by denying freedom of the press which will get me money for dental repair from money owed for default of the 14th amendment right to due process. The balance of equities tips in my favor, the 1st amendment states this is a matter of public concern so much so that the press cannot prevent by censorship & NEITHER CAN THE GOVERNMENT PREVENT IN ANY MANNER, THAT IS AN EVIL. ANNOTATIONS 10 --- The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.''

                               PUBLIC INTEREST TO ISSUE AN INJUNCTION

  ANNOTATION 10 - First amendment - Subsequent Punishment: Clear and Present Danger and other Test. - ''[The purpose of the speech-press clauses] has evidently been to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them.
            The first amendment AFFIRMS the Court ERROR. “ { Both motions for preliminary injunctive relief [ dkt. 3] and [dkt. 6] are DENIED because Mr. Miller is not a member of the press and he is not like to succeed on the merits. { First amendment states to enable every CITIZEN at any time to bring the government and any person in authority to the bar of public opinion by just criticism. } This ENABLES EVERY CITIZEN AT ANY TIME, I DO NOT NEED TO BE A MEMBER OF THE PRESS AS STATED BY JUDGE YOUNG. THIS IS THE LAW OF THE LAND YOU HAVE DENIED AND FURTHERMORE IT IS YOUR DUTY. 1ST AMENDMENT SAYS TO PROTECT PARTIES IN FREE PUBLICATION OF
MATTERS OF PUBLIC CONCERN. This clearly makes it the Court’s DUTY to secure this right as you read from the first amendment.

        I HAVE PROVEN BY THE DEMAND OF THE FIRST AMENDMENT THE COURT HAS A DUTY TO ENFORCE THIS RIGHT BEING DENIED BY THE MEDIA TO FREEDOM OF THE PRESS FOR THE general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.'' Where there is evidence there is a case & the Court cannot dismiss as frivolous. Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech.
                                                FIRST AMENDMENT
Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
     The first Amendment affirms this is a MISUNDERSTANDING made by the Court, THE FIRST AMENDMENT DOES NOT AFFORD MEMBERS OF THE MEDIA ANY SPECIAL RIGHTS OR PRIVILEGES NOT AFFORDED TO CITIZENS IN GENERAL, SPECIFICALLY SAYING IT ALLOWS AN INDIVIDUAL TO FREEDOM OF THE PRESS GUARANTEED.

    Wherefore, the Court is in error concerning the merits of which I am deserving of a preliminary injunction to enforce the law which is guaranteed by the evidence of just criticism being abuse of power, oppression, & imposed slavery by the U.S. Supreme Court, denial of civil rights by Judge David Kiely, & the Justice Department denying the right to redress government again, guaranteed by the first amendment. The plaintiff has & will continue irreparable damage by denying the right to freedom of the press physically, money wise, & mentally. The Court has a duty to protect, secure, & comply with the Constitution which is the law of the land.
This is of public interest for the public to know of government corruption by officials in office & to know that the Court is enforcing the right of the people to freedom of speech- press as demanded by the 1st amendment guarantee. I, Jesha Miller, am demanding the Court enforce & secure my first amendment right to freedom of the PRESS this May, 26, 2016. The Court is moved to amend the motion denied Demanding Enforcement of freedom of the press by the error in law made by the court, by the merits of which I will succeed, of public concern to guarantee the right to freedom of the press to prevent concealment of corruption & abuse of power in the UNITED STATES SUPREME COURT WHICH IS UNPRECEDENTED. THE PEOPLE HAVE A RIGHT TO KNOW & PROTECT THEIR RIGHTS.

                             SHOW CAUSE ACTION SHOULD NOT BE DISMISSED

  Treasury owes Jesha Miller 50 million dollars for default of Judicial Branch of government denying the 14th amendment right to due process & miscarriage of justice. The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.

           IRREFUTABLE EVIDENCE IMPOSSIBLE TO DENY OR DISPROVE
 ( Trial transcripts - pages 125, 246, 247, 250 )( apcalledtoexposecorruption.blogspot.com )

The Court: Welcome I’m David Kiely                          ( page 125)
Mr. Vowels: At this point there is no black people in the jury and there was no black people in the jury panel. We have a right to object to that. I can tell you I don’t think the law will support it but I think that, if we want to do that, Mr. Miller we need to do it right now.
The Defendant: Yeah, we’ll do.. Object to that right now then.     ( page 246 )
Mr. Vowels: My client objects to the FACT that none of the venire men nor the jury are Black people. He -- and that is based upon an assertion that he is ENTITLED to a jury of his peers. The component of race should be included in the concept of peer. The FACT THAT THERE ARE NO BLACK PEOPLE WITHIN THIS VENIRE I think causes this jury not to be a jury of my client’s peers.     ( page 247 )
Mr. Vowels: I don’t think Indiana’s in full compliance with the federal government’s motor/ voter registration law. As a result of that we don’t get a fair cross section in the venire and, as a result of that my client’s rights under the Federal & State Constitution to a fair & impartial jury as MANDATED through the Fourteenth Amendment and through the federal legislation I THINK THAT’S BEEN VIOLATED.
The Court: Show it overruled
The Defendant: There is a violation. Your Honor
The Court: Show it overruled. Sir Okay. we’re going to start

That is irrefutable evidence the Judge David Kiely  violated the 14th amendment right to due process by imposing an all White jury, no cross section in the Venire so there’s no possibility of Blacks in the jury. That is IRREFUTABLE EVIDENCE MY RACE HAS BEEN EXCLUDED. Specifically I was held in violation of Constitutional Law # 250.2 ( 4 ) Which provides:  Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life. liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color.  Virginia v. Rives 100 U.S. 313
The statutory prohibition on discrimination in the selection of jurors 18 U.S.C. sec. 243, enacted pursuant to the 14th Amendments enabling clause makes race neutrality in jury selection visible & inevitable measure of the Judicial System’s own commitment to the demands of the Constitution.
Judge David Kiely- FAILS TO PERFORM HIS CONSTITUTIONAL DUTY- recognized by sec. 4 of the CIVIL RIGHTS ACT of March 1, 1875...NOT TO PURSUE A CONDUCT IN THE ADMINISTRATION OF THEIR OFFICE which would OPERATE TO DISCRIMINATE in the SELECTION OF JURORS ON RACIAL GROUNDS.

That is irrefutable evidence impossible to deny a 14th amendment violation by Judge David Kiely imposing an all white jury excluding my race in violation of the 6th amendment right to a jury by a fair & impartial & violating the 14th amendment right to due process.
Section 13. Rights of the accused in criminal prosecution. Section 13. In all criminal prosecution, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed, [ INDIANA CONSTITUTION ]
6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, [ FEDERAL CONSTITUTION ]
[ TRANSCRIPTS AFFIRM JUDGE DAVID KIELY VIOLATED STATE & FEDERAL CONSTITUTIONS WILLFULLY, BEING INFORMED BY ATTORNEY VOWELS IN VIOLATION OF THE 6TH & 14TH AMENDMENTS, IRREFUTABLE EVIDENCE ]
Irrefutable evidence establishes the complaint is not frivolous and the plaintiff is entitled to monetary relief as stipulated in Case No. 04-7377, United States Supreme Court.
    Wherefore, the petitioner prays to YHWH that this Honorable Court immediately GRANT stay and ORDER my immediate release that I’m entitled to pursuant to the Writ of Habeas Corpus and also ; the Court will award the petitioner Jesha Donaldson Miller the total of ten ( 10 ) million dollars upon my release and also ; an additional Forty ( 40 ) million dollars for punitive damages which will be decided upon by a jury, and any other relief deemed just and proper within the premises such as my Drivers License.  Respectfully Submitted - Jesha Donaldson Miller    

  Having presented irrefutable evidence impossible to deny that the Judicial Branch defaulted on the 14th Amendment right to due process the Secretary of the Treasury, Jacob Lew owes Jesha Donaldson Miller 50 million dollars that the Court must Order the treasury department to pay this May 27, 2016. This is a guaranteed right under the Bill of Rights 14th amendment that the Court must Order to be paid immediately. Guarantee meaning - 1. To assume responsibility for the debt, default, or miscarriage of justice.
{ treasuryowesjeshamiller50mill.blogspot.com }

ATTORNEY GENERAL - LORETTA LYNCH - The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court. Since the 1870 Act that established the Department of Justice as an executive department of the government of the United States, the Attorney General has guided the world's largest law office and the central agency for enforcement of federal laws.
    U.S. Attorney General Loretta Lynch was petitioned concerning corruption in the U.S. Supreme Court & to pay Jesha Miller 50 million dollars owed for default of the 14th amendment right to due process. [ See; jeshamillerpetitionsusattlorettalynch.blogspot.com ]
Re; Address Corruption in the entire Judicial Branch of government publicly informing the american public by June 4, 2015. Pay Jesha Miller 50 Million owed for default on the 14th amendment right to due process in full June 4, 2015 & address the CONSTITUTION’S CHECKS & BALANCES PETITIONED BY JESHA MILLER.

   The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal Government.
   The U.S. Attorney General Loretta Lynch has the position of the Chief Law Enforcement Officer of the Federal Government but evaded her duty to enforce the law concerning corruption in the U.S. Supreme Court. Also having established the Court violated the 14th amendment right to due process by irrefutable evidence impossible to deny she also failed to pay the 50 million owed for default. The Attorney General received this petition June 1, 2016 by next day air. [Mail receipt at bottom of blog  See: jeshamillerpetitionsusattlorettalynch.blogspot.com. ] Direct evidence the Department of Justice received the petition & failed to process the petition in the timely manner from 60 to 90 days. I again petitioned the Department of Justice to pay me & process the petition which the Justice Department failed to do. The certified mail affirms it arrived in September & the department of justice refused to process the petition denying my first amendment right to redress government. Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
This is irrefutable evidence the Attorney General Loretta Lynch violates my right to Redress government with NO INTENTION TO COMPLY TO THE DEMAND OF THE 1st AMENDMENT RIGHT TO REDRESS GOVERNMENT. The GRAVITY or SERIOUSNESS of this is the U.S. Attorney General has turned a blind eye to corruption in the U.S. Supreme Court so there is no longer an avenue to justice. The importance is to uphold the integrity of the Constitution is one of national security & violates the code of conduct for a government employee.
In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government.
   The U.S. Supreme Court abused its power by denying the Habeas Corpus petitioned by Jesha Miller so Loretta Lynch covered this up by violating the 1st amendment right to redress government when she discovered I presented IRREFUTABLE EVIDENCE OF CORRUPTION, DERELICTION OF DUTY, ABUSE OF POWER, AND IMPOSED SLAVERY BY THE U.S. SUPREME COURT WHICH WENT BEYOND THE LIMITS OF THE POWER OF GOVERNMENT TO ABUSE THEIR POWER. tHIS ABUSE OF POWER REQUIRED THE PERFORMANCE OF THE CHECKS & BALANCES TO STOP THE ECONOMIC OPPRESSION, ABUSE OF POWER, & PROTECT THE RIGHTS OF “we the people”.
  Former Supreme Court Justice Sandra Day O’Connor we petitioned by Habeas Corpus. All Federal Judges have a duty when petitioned by Habeas Corpus to checks the records & if true as alleged, immediately release the citizen from the unconstitutional imprisonment in violation of the CONSTITUTION & LAWS OF THE U.S. Both judges failed in their duty which is dereliction of duty.
Writ of Certiorari Dec. 14, 2004 is irrefutable evidence of dereliction of duty by former Justices John Paul Stevens & Sandra Day O’Connor. Also IRREFUTABLE EVIDENCE OF ABUSE OF POWER BY THE U.S. SUPREME COURT DENYING A HABEAS CORPUS WHICH IS A POWER DENIED GOVERNMENT TO SECURE THE RIGHT TO FREEDOM WHEN A CITIZEN IS HELD IN VIOLATION OF THE CONSTITUTION & LAWS OF THE U.S.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

IRREFUTABLE EVIDENCE THE U.S. SUPREME HAVE NO INTENTION OF COMPLYING WITH THE CONSTITUTIONAL RIGHT TO FREEDOM UNDER THE HABEAS CORPUS. See;
Writ of Certiorari February 12, 2005 - The Petitioner’s Restraint is in Violation of the Constitution and Laws of the U.S. [ fbijamescomeypetitionedforsupremect.blogspot.com ]
When the Court refuses to release an unconstitutionally imprisoned citizen a second time it is self evident the U.S. Supreme Court intentionally abused its power to deny equal rights under the rule of law. The irrefutable evidence is impossible to deny. BY THE EVIDENCE BEYOND ALL DOUBT I WILL BE SUCCESSFUL PROVING ABUSE OF POWER IN THE U.S. SUPREME COURT WHICH JUSTIFIES THE USE OF THE CHECKS & BALANCES TO RID CORRUPTION, PREVENT ABUSE OF POWER, SECURE THE MONEY OWED FOR DEFAULT ON THE RIGHT TO DUE PROCESS, & STOP GOVERNMENT IMPOSING SLAVERY. THE MOTIVE FOR CORRUPTION IS ALWAYS MONEY & POWER WHICH COVERED UP THE CRIME BY JUDGE DAVID KIELY PURSUANT TO TITLE 18 SEC. 243 WHICH IS THE EXCLUSION OF JURORS ON ACCOUNT OF RACE & DENY THE 50 MILLION DOLLARS OWED FOR DEFAULT.

This in no way can be dismissed as frivolous with irrefutable evidence of abuse of power & the relief in money owed for MISCARRIAGE OF JUSTICE BY THE U.S. SUPREME COURT.

When a citizen’s freedom is taken without being duly processed it is in violation of the 13th amendment which abolished SLAVERY.
When a man is brought by Habeas Corpus to the Supreme Court
& upon review of it, it appears to the Court that he was against law imprison'd & detained, he shall never be by the Act of the Court remanded to his unlawful imprisonment, for then the Court should do an act of Injustice in imprisoning him, de nova, against law.

Plaintiff has established Court cannot dismiss due to the seriousness of abuse of power, denying money to oppress & render into poverty, and IMPOSED SLAVERY BY THE UNITED STATES SUPREME COURT. Irrefutable evidence by the Court’s stamp impossible to disprove oppression denying 50 million dollars, abuse of power in violation of Article I, sec. 9, and IMPOSED SLAVERY BY THE U.S. SUPREME COURT AGAINST THE LAW. This is of PUBLIC CONCERN to run a clean government so as NOT TO TAKE THE FREEDOM OF THE CITIZENS IN VIOLATION OF THE CONSTITUTION & LAWS OF THE U.S.
[ From the word’s of Judge Richard L. Young the first amendment protects citizens from conduct by the government. ]

This being true the FCC is the government & must be held accountable for my right to freedom of the press. The FCC gave the Broadcast station’s the discretion as to what they air when the 1st amendment states “ ANNOTATIONS 10 --- The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.'' The FCC cannot give away the right to free speech - press by giving the media the discretion to air what they want for then they violate the right to freedom of the press by individuals that IS GUARANTEED BY THE 1st amendment. The COURT HAS TO RECOGNIZE CITIZENS IN THE CIRCUMSTANCE OF GOVERNMENT CORRUPTION & ABUSE BY OFFICIALS HAVE THE RIGHT TO FREEDOM OF THE PRESS AS THIS IS JUST CRITICISM SO THAT NEITHER THE PRESS NOT GOVERNMENT CAN PREVENT THIS IN ANY MANNER. Man is a fallen creature subject to corruption so the rights of the people cannot be put in the hands of broadcast stations.

   Motion to Amend dismissal against private media outlets for ERROR in law. The case law presented by the Court is of non effect because this is UNPRECEDENTED. Judge Richard Young states the First Amendment applies to government actors, not to private media outlets IN ERROR. { IN THIS SPECIAL CIRCUMSTANCE WHERE THE CITIZEN HAS EVIDENCE OF GOVERNMENT CORRUPTION OR ABUSE OF POWER BY OFFICIALS IT SAYS NEITHER THE PRESS NOR GOVERNMENT SO THE COURT IS IN ERROR. THE FIRST AMENDMENT ITSELF IS IRREFUTABLE EVIDENCE OF THE ERROR. {  ANNOTATIONS 10 --- The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.'' } THIS MEANS NEITHER THE PRESS NOR GOVERNMENT. THE COURT MUST AMEND THE DISMISSAL & THE PLAINTIFF STATED A CLAIM OF UPON WHICH RELIEF COULD BE GRANTED BY CEASE OF DENYING THE FIRST AMENDMENT RIGHT & MONEY FOR VIOLATING MY RIGHT TO FREEDOM OF THE PRESS.
In addition most media were given legal notice & warning to cease & stop denying the right to freedom of the press.



42 USC sec. 1983  -  Civil Action for Deprivation of Rights -  Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
18 USC sec. 245 - Federally Protected Activities -  provided that Whoever, whether or not acting under color of law, intimidates, or interferes with any person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or Administered by the U.S. ; shall be fined under this title, or imprisoned not more than one year or both.

The Court ERROR is in full knowledge no one is above the law. Media cannot violate my rights & go unpunlshed.

  Again, the Court is in error concerning the media being “unconstrained” , not restricted or limited. I received a letter from Bonnie Rheinhardt of WNIN publlc broadcasting station. She states “ the FCC allows each individual radio and TV station licencee the discretion,{ being the freedom to decide what should be done in a particular situation } to select what its station broadcast and to otherwise determine how it can best serve its community of license.
   This is where all media defendants are liable for their actions as it is not in the interest of the community for the media to conceal government corruption.
The case law used by the Court is not a foundation because of the “ UNPRECEDENTED “ situation. AGAIN I point out the FCC issued this discretion in violation of the Constitution which gives direct instruction not to do. The FCC were contacted to correct this which all FCC commissioners have failed to reply. The 1st amendment does not allow the media unconstrained decision in the situation where there is just criticism concerning the government or any person in authority to the bar of public opinion. It specifically directs that the EVILS TO BE PREVENTED ARE THE CENSORSHIP OF THE PRESS, AND ANY ACTION OF THE GOVERNMENT BE MEANS IT MIGHT PREVENT SUCH FREE & GENERAL DISCUSSION OF PUBLIC MATTERS AS SEEMS ABSOLUTELY ESSENTIAL TO PREPARE THE PEOPLE FOR AN INTELLIGENT EXERCISE OF THEIR  RIGHTS AS CITIZENS. The first amendment is irrefutable evidence impossible to deny that the media has restrictions in this situation & that government is prevented from the action of giving them that discretion which prevents the free & general discussion of public matters. This is really a no brainer because the 1st amendment is intended to expose corruption in order to help uphold the integrity of the Constitution. Where the abuse of the discretion comes in is, the broadcasters are NOT BEST SERVING THE COMMUNITY BY CONCEALING GOVERNMENT CORRUPTION OR ABUSE OF POWER BY A PERSON IN AUTHORITY OF WHICH THE PEOPLE HAVE CONFERRED UPON HIM.
What the media is doing is aiding & abetting a criminal from justice by concealing the crime from the public. This is not serving the community. It is for that reason the first amendment prevents censorship by the press. The very same reason the government being the FCC could not give the discretion to the media in a situation where the government has went beyond their limit of power violating the rights of the people who have to be given this intelligent discussion ABSOLUTELY ESSENTIAL FOR AN INTELLIGENT EXERCISE OF THEIR RIGHTS AS CITIZENS.
2480 ATTEMPT TO AID & ABET - Generally, in order to convict an accomplice of a completed substantive crime (rather than a mere attempt), there must be a guilty principal. United States v. Staten, 581 F.2d 878, 887 (D.C. Cir. 1978). The accomplice and the principal must have a shared intent. United States v. Walker, 99 F.3d 439, 442 (D.C. Cir. 1996)
ALL TITLE 18 ARE FEDERAL CRIMES. The guilty principal is judge David Kiely pursuant to Title 18, sec. 243 which is the exclusion of jurors on account of race.
Moreover, Congress [407 U.S. 493, 498]   has made it a crime for a public official to exclude anyone from a grand or petit jury on the basis of race, 18 U.S.C. 243, and this Court upheld the statute, approving the congressional determination that such exclusion would violate the express prohibitions of the Equal Protection Clause. Ex parte Virginia, 100 U.S. 339 (1880). The crime, and the unconstitutional state action, occur whether the defendant is white or Negro, whether he is acquitted or convicted.
{ A CRIME HAS BEEN COMMITTED }
The accomplice & the principal have a shared intent of power. The media conceal the crime to keep the power of discretion & the Judicial Branch continue denying the rule of law having the power of discretion rather than concede to the demands of the Constitution guaranteeing the right to a trial by fair & impartial jury.
A CLOSER LOOK at the statute is WARRANTED. From all indications, sec. 243 was intended to serve two purposes: first to make explicit what was implicit in the 14th amendment, that persons cannot be denied the right to serve on juries because of their race; and second, to prevent racial exclusions from juries providing criminal penalties for persons violating the statutory command. [ transcripts provide irrefutable evidence my race was excluded from the jury. Pages 246, 247 ]

The consequence is that where jury commissioners disqualify citizens on the grounds of race, they fail "to perform their constitutional duty - recognized by 4 of the Civil Rights Act of March 1, 1875 . . . and fully established since the decision in 1881 of Neal v. Delaware . . . not to pursue a course of conduct in the administration of their office which would operate to discriminate in the selection of jurors on racial grounds." Hill v. Texas, 316 U.S. 400, 404 (1942). Thus, "no State is at liberty to impose upon one charged with crime a discrimination in its trial procedure which the Constitution, and an Act of Congress passed pursuant to the Constitution, alike forbid . . . . [I]t is our duty as well as the State's to see to it that throughout the procedure for bringing him to justice he shall enjoy the protection which the Constitution guarantees. Where, as in this case, timely objection has laid bare a discrimination in the selection of grand jurors, the conviction cannot stand, because the Constitution prohibits procedure by which it was obtained." Id., at 406. [ See page 246 transcripts affirm abjection ]
Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.  Congress has made no law where the FCC, being  government can abridge the citizens right to freedom of the press. That right is guaranteed in this situation. Now were it not for the evidence & complaint of government corruption you would have been correct but because the 1st amendment specifies in this situation neither the press nor the government can prevent the right to freedom of the press in any manner.
ANNOTATION 10 - FIRST AMENDMENT - '[The purpose of the speech-press clauses] has evidently been to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them. . . . The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.'' As you see it says “ to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events & public measures, and to enable every citizen at anytime to bring the government & any person in authority to the bar of public opinion by just criticism upon their conduct in the exercise of authority which the people have conferred upon them.  The 1st amendment is irrefutable evidence the 1st amendment secures this right to freedom of the PRESS  in this situation justifying the Court GRANT & ORDER Preliminary Injunctive Relief ORDERING the Defendants to give immediate coverage to Jesha Miller & amend the dismissal as the media are concealing CRIME & Corruption from the public who have a right to know. This is a matter of public concern. This cannot be dismissed as frivolous as it is guaranteed by the 1st amendment & relief is money for denying the right to freedom of the press which continued oppression that rendered me to poverty when I should be a millionaire for government default of the 14th amendment right to due process & miscarriage of Justice by the U.S. Supreme Court miscarriage of justice doing an ACT Against the law in imprisoning Jesha Miller.

Larry Bucshon, as the representative elected official has a duty to take the petition using the checks & balances to the floor of the House to be acknowledge justifiably because I have presented IRREFUTABLE EVIDENCE OF THE 14th AMENDMENT VIOLATION DENYING DUE PROCESS, A FEDERAL CRIME PURSUANT TO TITLE 18 sec. 243, & abuse of power in the U.S. Supreme Court. Relief was for the petition to be taken to the floor of the house of representatives. This is taxation without representation as he refuses to protect the rights of a black Man on account of race.
The Plaintiff has presented by irrefutable evidence SHOWING CAUSE this action cannot be dismissed as frivolous due to rights violated are guaranteed protection by Constitution & Laws of the U.S.  & a CLAIM for relief is stated in every dismissal by the Court which must be amended. Constitutional rights are the most serious rights in the land & the value of freedom is priceless. The relief of money, securing the right to freedom of the press, and presenting the checks & balances before the Senate & Congress are the right of every generation to uphold the integrity of the Constitution of the United States. The plaintiff, by the use of irrefutable evidence in the transcripts that officials denied due process in violation of the 14th amendment will succeed in the action on the merits against all defendants which warrants the Court to amend all dismissals.
                                                          PRELIMINARY INJUNCTIVE RELIEF                                    
    Whereas, first things first, the Court is Demanded to ORDER the Secretary of the Treasury, Jacob Lew, to pay 50 million dollars to Jesha Miller for default on the right to due process which is protected by the 14th amendment this Friday, May 27, 2016. See:   [treasuryowesjeshamiller50mill.blogspot.com ] The irrefutable evidence impossible to deny the 14th amendment being violated in the trial transcripts, pages 246, 247, & 250 by the Court excluding my race on account of race which denied me equal protection of the law so that I was unconstitutionally imprisoned in violation of Constitutional Law # 250.2 ( 4 ) Which provides:  Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life. liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color.  Virginia v. Rives 100 U.S. 313. [ Default again by denying the right to a trial by a fair & impartial jury as mandated by the State & Federal Constitution in violation of the 6th & 14th amendments. Page 250 of the transcripts is irrefutable evidence of the crime committed by Judge David Kiely. ] 14th Amendment No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. 6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy & public trial, by an impartial jury of the State and district wherein the crime shall have been committed …
[ Transcripts are irrefutable evidence impossible to deny the Court denied a cross section of the community which imposed an ALL White jury excluding my race. A fair trial in a fair tribunal is a basic requirement of due process." In re Murchison, 349 U.S. 133, 136 (1955). The due process right to a competent and impartial tribunal is quite separate from the right to any particular form of proceeding. Due process requires a competent and impartial tribunal in administrative hearings. ] The statutory prohibition on discrimination in the selection of jurors 18 U.S.C. sec. 243, enacted pursuant to the 14th Amendments enabling clause makes race neutrality in jury selection visible & inevitable measure of the Judicial System’s own commitment to the demands of the Constitution. This AFFIRMS the DEFAULT of the 14th amendment & violating the STATUTORY PROHIBITION affirming Judge David Kiely HAD NO COMMITMENT TO THE DEMANDS OF THE CONSTITUTION. { In fact he knowingly overruled State & Federal Constitutions as MANDATED by the 14th amendment, page 250 of transcripts. } Violation of rights under color of law. Default of the right to due process relief is in the form of 50 million dollars as stipulated in U.S. Supreme Court, case No. 04-7377, Injunctive relief with reparations, 10 million dollars & 40 million in punitive damages, totalling 50 million dollars that the treasury owes for default of the guaranteed rights. The 6th & 14th amendments are guaranteed by the BILL OF RIGHTS which are RIGHTS government must protect. Guarantee meaning - to assume responsibility for the debt, default, or miscarriage of justice. The debt owed for default is 50 million dollars. The treasury does the disbursement of payments to the public so the Court is demanded to ORDER the Secretary of the treasury - Jacob Lew to pay for the default & miscarriage of justice committed by the U.S. Supreme Court imposing Slavery. In a habeas corpus proceeding the previous judgement is void so that it was the U.S. Supreme Court that committed AN ACT Against the law, remanding Jesha Miller back to the unconstitutionally imposed slavery because Jesha Miller’s freedom was taken without being duly processed in violation of the 13th & 14th Amendments. The Writ of Certiorari filed by the Court Dec. 14, 2004 and February 12, 2005 are irrefutable evidence of abuse of power pursuant to Article I, sec. 9, a power denied government, refusing the Habeas corpus filed to release Jesha Miller again imposing Slavery as a miscarriage of justice. The plaintiff suffers irreparable damage & possible death without money due to poverty & medical need.
                                                                   HARDSHIP
The plaintiff has been evicted, car repo’d, car impounded, is broke due to no employment for the last 3 months, no food, transportation, need clothing, & his own shelter as well as support my fiancee to stop pain & suffering being without companionship. This is a debt owed for default which were it not for officials denying the rule of law I would ALREADY HAVE.
Having proven default with irrefutable evidence of 3 violations of default of the 14th amendment & a miscarriage of justice that remanded Jesha Miller to Slavery by the U.S. Supreme Court & I am without doubt going to suffer irreparable harm as teeth already have me in pain when eating or drinking cold water that need to be pulled, straightened, or repaired. The original teeth cannot be replaced requiring immediate dental care & I cannot remain healthy without money for a proper diet, also there is irreparable damage having to walk because I am without a car for transportation. The court cannot leave me in poverty when I am entitled to the rule law to pay me for default which has been proven. Also there is a specific house that I want that I need to buy before another buyer gets it. These things all are essential to life that I must have to survive so irreparable damage will happen to me without the money owed for default.
Second, by the 1st amendment guaranteed to redress government I will also succeed on the merits of the case because the 1st amendment protects the right to redress government which the Attorney General Loretta Lynch has failed to process in 11 months. The petition redressing government calls for the checks & balances due to corruption in the U.S. Supreme Court which I proved by irrefutable evidence the Justice Department failure to comply with the 1st amendment right to redress government. This WARRANTS you to amend the dismissal that by being guaranteed by the 1st amendment right to freedom of the press is not frivolous & as relief calls for the checks & balances to be acknowledged as it is supported by irrefutable evidence of abuse of power in the U.S. Supreme Court. 1st amendment; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for redress of grievances. [ Delayed rights are denied rights affirmed to be denied by Attorney General Loretta Lynch ignoring the notice that government has went beyond the timely manner from 60 to 90 days. This is now 11 months being self evidence she has no intent to comply with the 1st amendment right to redress government at all. ] The Attorney General Loretta Lynch has a duty to report to the Supreme Court & address the ACT against the  law being the Chief enforcer of the federal law & to pay the 50 million dollars owed for default which is relief from government oppression who covered up the Federal Crime by David Kiely & committed an ACT against the law so as not to pay the 50 million dollars. It is for that reason government powers are limited. The 1st amendment right to redress government protects me from Loretta Lynch denying my right to redress government as it applies to government actors. I will beyond all doubt succeed because of irrefutable evidence Loretta Lynch, being the U.S. Attorney General for the Justice Department denied my right to petition the government for redress abridging that right in violation of the first amendment.
Third, I’m entitled to my right to freedom of the press by preliminary injunctive relief this May 26, 2016 because I can show I will likely succeed on the merits that I deserve the right to freedom of the press guaranteed by the 1st amendment in the circumstance of bringing the government & corrupt officials to the bar of public opinion by just criticism of abuse of power & imposed slavery, both of which are an abuse of power by government officials to deny the right to freedom. Government violating the rights of the people to deny the right to freedom is of public concern especially where slavery is involved which has been abolished. I will succeed because neither the press can censor to PREVENT the right to freedom of the press, nor can government can the action of giving broadcasters the discretion for even as they have done that the broadcasters violated that because their discretion has to serve the community & concealing is not in the interest of the community. Secondly, because there is a crime pursuant to Title 18 sec. 243 is involved the press are using the discretion to conceal corruption committing the CRIME of aiding & abetting a criminal from justice as demonstrated because by the Act of Judge David Kiely denying jurors on account of race is a crime whether the defendant was acquitted or innocent, whether he is Black or white, a crime has been committed. This therefore is aiding & abetting a criminal from justice as this was to deter Judges from excluding a race from being jurors and this violates the equal protection clause. ALL TITLE 18 ARE FEDERAL CRIMES. The guilty principal is judge David Kiely pursuant to Title 18, sec. 243 which is the exclusion of jurors on account of race. Moreover, Congress [407 U.S. 493, 498]   has made it a crime for a public official to exclude anyone from a grand or petit jury on the basis of race, 18 U.S.C. 243, and this Court upheld the statute, approving the congressional determination that such exclusion would violate the express prohibitions of the Equal Protection Clause. Ex parte Virginia, 100 U.S. 339 (1880). The crime, and the unconstitutional state action, occur whether the defendant is white or Negro, whether he is acquitted or convicted. The word OCCUR means a CRIME Took Place. The FCC cannot abridge my right to freedom of the press by giving the broadcasters a right guaranteed to the citizens. I will succeed by the first amendment informing you are in error. First amendment- an overview - Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.   You are in error as stated by the Constitution by your misunderstanding. I will succeed on the merits, irrefutable evidence by the first amendment guaranteeing the INDIVIDUAL freedom of the press & the press DOES NOT HAVE ANY SPECIAL RIGHT OR PRIVILEGE NOT AFFORDED TO CITIZENS. That part about being UNCONSTRAINED is rubbish. The first amendment states that is an EVIL which is evidence how the Press used it to conceal government corruption & crime rather than expose corruption to uphold the integrity of the Constitution. Again that is aiding & abetting a criminal a criminal from justice. Also the first amendment states specifically, the press could not censor to prevent my right to freedom of the press & you being the government cannot prevent by preliminary injunctive relief but to the Contrary HAVE A DUTY TO ENFORCE THE LAW TO SECURE MY RIGHT TO FREEDOM OF THE PRESS. This is what the first Amendment requires.  '[The purpose of the speech-press clauses] has evidently been to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them. . . . The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.''  THIS IS AGAIN UNPRECEDENTED only because never in the History has there been evidence of corruption in the U.S. Supreme Court. This is of GREAT IMPORTANCE because the appellate court system no longer works because of corruption in the highest court. Now had they been honorable the media would have given me coverage to inform the american public to allow the performance of the Checks & Balances to uphold the integrity of the Constitution to run a clean government. The very FACT that the media is concealing government corruption is an Evil ACT. The light has come into the world but men love darkness more than light because their deeds were evil. Every one who does evil hates the light for fear his deeds will be exposed. But whoever practices the TRUTH comes into the light so that it may be clearly seen that what he has done has been accomplished in GOD. The Plaintiff suffers irreparable harm if the Court refuses to enforce the guaranteed right to freedom of the press because RIGHTS DELAYED ARE RIGHTS DENIED. NO MAN IS PROMISED TOMORROW & THE DELAY IS THE ONLY WAY GOVERNMENT CAN DELAY MY RIGHTS WHICH INJURE ME EVERY DAY THE COURT USES RED TAPE TO DELAY THE GUARANTEED RIGHT TO FREEDOM OF THE PRESS. Attributed to William Penn in the form "to delay Justice is Injustice”. "Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. The CRUX of the matter is that the right to FREEDOM OF THE PRESS IS GUARANTEED UNDER THE FIRST AMENDMENT BEING SUCH IS YOUR DUTY TO ENFORCE AS DEMANDED BY THE SUPREME LAW OF THE LAND, THE CONSTITUTION. IT HAS SPECIFIC INSTRUCTION THAT NEITHER THE PRESS NOR YOU, BEING GOVERNMENT CAN PREVENT & IT CERTAINLY CANNOT BE PREVENTED BY THE DISCRETION THE FCC GAVE TO THE MEDIA BECAUSE NOT ONLY HAVE THEY ABUSED THE DISCRETION IT CANNOT ABRIDGE MY RIGHT TO FREEDOM OF THE PRESS IT STATED THE PRESS DOES NOT HAVE ANY MORE PRIVILEGE RIGHT THAN THE CITIZEN. Judge Richard Young has no option, but a duty to secure my right to Freedom of the Press by reason it is guaranteed, an assurity, I am GRANTED FREEDOM OF THE PRESS. The balance of equities tips in my favor & it is of public interest to issue the injunction because as stated by the 1st amendment it is absolutely essential to prepare the people for an intelligent exercise of their rights as citizens. The Court is moved to Enforce the 1st amendment right this May 26, 2016 due to countless years the media has denied this right which rendered me into poverty & continued to run a corrupt government by evading the Constitution’s checks & balances which uphold the integrity of the Constitution.
The Court being in error to dismiss all actions due being frivolous & not seeking relief must amend because the Original Complaint seeks relief against all defendants if not in money, then by securing my right to redress government by the Attorney General Loretta Lynch to include money or Congressman Larry Bucshon to take the petition to the floor of the House for the performance of the Constitution’s checks & balances. None are frivolous as demonstrated in every situation a right guaranteed by the Constitution has been violated requiring the Court to enforce the law to secure the rights violated.
Respectfully Empowered by the Constitution & Bill of Rights - Jesha Donaldson Miller
Date: May 23, 2016

Authorities
1st amendment, 5th amendment, 6th amendment, 13th amendment, 14th amendment
Title 18 sec. 242, Title 18, sec. 243, Title 18, sec. 245
42 USC sec. 1983
Irrefutable evidence by transcript pages 127, 246, 247, 250
Petitions to U.S. Attorney General Loretta Lynch, Dates arrived by Express mail, certified mail.
Evidence also posted on blog at URL noted in motion to show cause.




Objection to having no Black people in the jury pool. Without any Black people to choose
from out of the pool there will be no black people on the JURY. My objection exposes
discrimination in the JURY Selection. THE TRANSCRIPTS ARE IRREFUTABLE EVIDENCE
IMPOSSIBLE TO DENY THE JUDICIAL BRANCH HAS VIOLATED THE 14th
AMENDMENT RIGHT TO DUE PROCESS BY EXCLUDING MY RACE.

I object to no Black people in the venire. This is IRREFUTABLE EVIDENCE IMPOSSIBLE
TO DENY JUDGE DAVID KIELY HAS EXCLUDED MY RACE FROM THE JURY SELECTION.
This is in violation of Constitutional Law # 250.2 ( 4 ) which provides: Every Black man has a right
under the 14th amendment to the CONSTITUTION U.S.C.A., that in the selection of jurors
to pass on his LIBERTY, LIFE, OR PROPERTY, THERE SHALL BE NO EXCLUSION
OF HIS RACE & NO DISCRIMINATIONA AGAINST THEM BECAUSE OF THEIR COLOR.

Above is IRREFUTABLE EVIDENCE IMPOSSIBLE TO DENY THE COURT DID NOT
HAVE A CROSS SECTION OF THE COMMUNITY THAT VIOLATES THE 6th
AMENDMENT RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY. THERE IS
ALSO IRREFUTABLE EVIDENCE IMPOSSIBLE TO DENY JUDGE DAVID KIELY
AGAIN VIOLATES THE 14th AMENDMENT RIGHT TO DUE PROCESS
OVERRULING THE FEDERAL & STATE CONSTITUTION. IN SO DOING HE
IS TOLD THE 14th AMENDMENT HAS BEEN VIOLATED YET HE WILLFULLY
CONTINUES TO VIOLATE MY RIGHTS UNDER COLOR OF LAW. That is a Federal
CRIME pursuant to TItle 18, sec. 242.

Signed by the Clerk of the Court so the Transcripts are admissible evidence.


This is irrefutable evidence the HABEAS CORPUS is addressed to Former Justices
Sandra Day O'Connor & John Paul Stevens. They have a duty to checks the records as
you saw above Judge David Kiely violated the 14th amendment right to due process as
Mandated, overruled the State & Federal Constitutional right to a fair trial by an impartial
jury which is guaranteed by the 6th amendment. THIS IS IRREFUTABLE EVIDENCE
IMPOSSIBLE TO DENY THE UNITED STATES SUPREME COURT COMMITTED
DERELICTION OF DUTY AS ALL FEDERAL JUDGES HAVE A DUTY TO CHECKS THE
RECORDS & IF TRUE AS ALLEGED, IMMEDIATELY RELEASE THE CITIZEN FROM
THE UNCONSTITUTIONAL IMPOSED SLAVERY.

This page inform the U.S. Supreme Court that the inalienable right to a trial by an impartial jury
has been violated as well as the Constitutional Law # 250.2 ( 4 ) in violation of the 14th
amendment. When a citizens freedom has been taken without being duly processed
it is a violation of the 13th amendment which abolished SLAVERY.

When a man is brought by HABEAS CORPUS to the U.S. Supreme Court & upon review
of it, it appears to the Court that he was against law imprisoned & detained, HE SHALL NEVER
BE BY THE ACT OF THE COURT REMANDED TO HIS UNLAWFUL IMPRISONMENT
FOR THEN THE COURT SHOULD DO AN ACT OF INJUSTICE IN IMPRISONING
HIM, de nova, AGAINST THE LAW. This is IRREFUTABLE EVIDENCE BY THE COURT
DOCUMENT, IT APPEARS I WAS AGAINST LAW IMPRISONED WITH IRREFUTABLE
EVIDENCE JUDGE DAVID KIELY VIOLATED THE 6TH AMENDMENT RIGHT TO A TRIAL,
THE 14th AMENDMENT RIGHT TO DUE PROCESS, WHICH THE DOCUMENT
INFORMS THE U.S. SUPREME COURT VIOLATES THE 13th AMENDMENT
AND THE U.S. LEFT ME LOCKED UP THEREFORE THEM SELVES IMPOSING
SLAVERY AS THE STATE OF INDIANA DID. THIS IS IRREFUTABLE EVIDENCE
IMPOSSIBLE TO DENY THE U.S. SUPREME COURT IMPOSED SLAVERY.
THE REASON BEING IS RES, JUDICATA IS INAPPLICABLE IN A HABEAS
CORPUS PROCEEDING BECAUSE IT FAILED THE FUNDAMENTALS OF DUE
PROCESS. THE U.S. SUPREME COURT BY REFUSING TO COMPLY WITH
THE DEMANDS OF THE CONSTITUTION IN THE CASE OF A BLACK MAN
IMPOSED SLAVERY RATHER THAN EQUALITY.
THE MOTIVE IS THE FOUNDATION FOR CORRUPTION, MONEY & POWER.
THE COURT HAS TO PAY A TOTAL OF 50 MILLION DOLLARS FOR THE
UNCONSTITUTIONAL IMPOSED SLAVERY & COVER-UP THE CRIME BY
JUDGE DAVID KIELY.




Indiana Government in all Branches has refused to comply with the Constitutional Right
to a fair trial as guaranteed by the 6th amendment & they're own Indiana constitution.
Look at the above resolution I asked Indiana Senator Vaneta Becker to take to the Indiana
General assembly & she says " Whereas, Current U.S. Code does not prescribe or
guarantee any particular composition for grand or petit juries based on the Defendants
race or color. I petitioned for her to correct this & they refused to continue imposing
slavery. As you saw the Judicial Branch David Kiely exclude my race to impose an All
White jury & take my freedom without being duly processed. The Governor Mike Pence
refused to inform the public, the federal Representatives Larry Bucshon & Senators Joe
Donnelly & Dan Coats have a responsibility to enforce the 13th Amendment of which they
all refused & the Indiana general assembly refused to cease enforcing the law until
they corrected this so the entire Indiana Government is imposing & condoning SLAVERY
See: suspendoperationoflawiga.blogspot.com.

As you read above also this is a preliminary injunction to enforce the right to freedom of
the press which is of public concern. The public has to know not only did Indiana Impose
Slavery but the U.S. Supreme Court did also which is proven by IRREFUTABLE EVIDENCE
IMPOSSIBLE TO DENY. AS YOU SEE THE ARROWS POINTING TO THE FIRST
AMENDMENT RIGHT TO FREEDOM OF THE PRESS WHICH JUDGE RICHARD YOUNG
DISMISSED SAYING THE BROADCAST STATIONS HAVE TOTAL DISCRETION
AS TO WHAT THEY AIR. THE FCC CANNOT TAKE " WE THE PEOPLES RIGHT
TO FREEDOM OF THE PRESS " AND GIVE IT TO THE BROADCAST STATIONS.
ABOVE FROM THE WORDS OF THE FIRST AMENDMENT IS IRREFUTABLE EVIDENCE
IMPOSSIBLE TO DENY " WE THE PEOPLE " HAVE AS MUCH RIGHT TO FREEDOM OF THE PRESS
AND THEY DO NOT HAVE ANY SPECIAL PRIVILEGES. WHAT THAT DOES IS WHAT
IT IS DOING NOW, CONCEALING GOVERNMENT CORRUPTION & CRIME FROM
THE PUBLIC WHEN GOVERNMENT COMMITS THE CRIME. I HAVE PROVEN
THE JUDICIAL BRANCH BY IRREFUTABLE EVIDENCE THAT CANNOT BE DENIED
SO JUDGE RICHARD YOUNG MUST WITHOUT DELAY GRANT THE PEOPLES
GUARANTEED RIGHT TO FREEDOM OF THE PRESS & ORDER THE SECRETARY
OF THE TREASURY- JACOB LEW TO PAY THE 50 MILLION DOLLARS OWED
FOR IMPOSED SLAVERY BY BOTH THE INDIANA COURTS & THE U.S. SUPREME
COURT FOR MISCARRIAGE OF JUSTICE & DEFAULT ON THE RIGHT TO DUE
PROCESS THIS MAY 27, 2016. HE HAS A DUTY TO COMPLY WITH THE CONSTITUTION.
NOT WHEN HE WANTS TO BUT IN A TIMELY MANNER.

1 comment:

  1. There's no place for crooked Judges oppressing the rights to money of the people, denying the guaranteed rights under color of law, refusing his duty on account of race & to conceal corruption in the judicial branch. When Judges overrule the Federal & State Constitution's the public have a right to know & the United States Attorney must indict to include restitution for the loss of the 50 million owed Wednesday June 8, 2016. The peoples rights cannot go unpaid because the Supreme Law of the land has been violated, they must be held accountable.

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