Saturday, January 19, 2013

Why You Should Avoid Taking Vaccines


WHY YOU SHOULD AVOID TAKING VACCINES

By Dr. James Howenstine, MD.
December 7, 2003
NewsWithViews.com

Dr. James R. Shannon, former director of the National institute of health declared, "the only safe vaccine is one that is never used."

Cowpox vaccine was believed able to immunize people against smallpox. At the time this vaccine was introduced, there was already a decline in the number of cases of smallpox. Japan introduced compulsory vaccination in 1872. In 1892 there were 165,774 cases of smallpox with 29,979 deaths despite the vaccination program. A stringent compulsory smallpox vaccine program, which prosecuted those refusing the vaccine, was instituted in England in 1867. Within 4 years 97.5 % of persons between 2 and 50 had been vaccinated. The following year England experienced the worst smallpox epidemic[1] in its history with 44,840 deaths. Between 1871 and 1880 the incidence of smallpox escalated from 28 to 46 per 100,000. The smallpox vaccine does not work.

Much of the success attributed to vaccination programs may actually have been due to improvement in public health related to water quality and sanitation, less crowded living conditions, better nutrition, and higher standards of living. Typically the incidence of a disease was clearly declining before the vaccine for that disease was introduced. In England the incidence of polio had decreased by 82 % before the polio vaccine was introduced in 1956.

In the early 1900s an astute Indiana physician, Dr. W.B. Clarke, stated "Cancer was practically unknown until compulsory vaccination with cowpox vaccine began to be introduced. I have had to deal with two hundred cases of cancer, and I never saw a case of cancer in an unvaccinated[2] person."

There is a widely held belief that vaccines should not be criticized because the public might refuse to take them. This is valid only if the benefits exceed the known risks of the vaccines.

Do Vaccines Actually Prevent Disease?

This important question does not appear to have ever been adequately studied. Vaccines are enormously profitable for drug companies and recent legislation in the U.S. has exempted lawsuits against pharmaceutical firms in the event of adverse reactions to vaccines which are very common. In 1975 Germany stopped requiring pertussis (whooping cough) vaccination. Today less than 10 % of German children are vaccinated against pertussis. The number of cases of pertussis has steadily decreased[3] even though far fewer children are receiving pertussis vaccine.

Measles outbreaks have occurred in schools with vaccination rates over 98 % in all parts of the U.S. including areas that had reported no cases of measles for years. As measles immunization rates rise to high levels measles becomes a disease seen only in vaccinated persons. An outbreak of measles occurred in a school where 100 % of the children had been vaccinated. Measles mortality rates had declined by 97 % in England before measles vaccination was instituted.

In 1986 there were 1300 cases of pertussis in Kansas and 90 % of these cases occurred in children who had been adequately vaccinated. Similar vaccine failures have been reported from Nova Scotia where pertussis continues to be occurring despite universal vaccination. Pertussis remains endemic[4] in the Netherlands where for more than 20 years 96 % of children have received 3 pertussis shots by age 12 months.

After institution of diptheria vaccination in England and Wales in 1894 the number of deaths from diptheria rose by 20 % in the subsequent 15 years. Germany had compulsory vaccination in 1939. The rate of diptheria spiraled to 150,000 cases that year whereas, Norway which did not have compulsory vaccination, had only 50 cases of diptheria the same year.

The continued presence of these infectious diseases in children who have received vaccines proves that life long immunity which follows natural infection does not occur in persons receiving vaccines. The injection process places the viral particles into the blood without providing any clear way to eliminate these foreign substances.

Why Do Vaccines Fail To Protect Against Diseases?

Walene James, author of Immunization: the Reality Behind The Myth, states that the full[5] inflammatory response is necessary to create real immunity. Prior to the introduction of measles and mumps vaccines children got measles and mumps and in the great majority of cases these diseases were benign. Vaccines "trick" the body so it does not mount a complete inflammatory response to the injected virus.

Vaccines and Sudden Infant Death Syndrome SIDS

The incidence of Sudden Infant Death syndrome SIDS has grown from .55 per 1000 live births in 1953 to 12.8 per 1000 in 1992 in Olmstead County, Minnesota. The peak incidence for SIDS is age 2 to 4 months the exact time most vaccines are being given to children. 85 % of cases of SIDS occur in the first 6 months of infancy. The increase in SIDS as a percentage of total infant deaths has risen from 2.5 per 1000 in 1953 to 17.9 per 1000 in 1992. This rise in SIDS deaths has occurred during a period when nearly every childhood disease was declining due to improved sanitation and medical progress except SIDS. These deaths from SIDS did increase during a period when the number of vaccines given a child was steadily rising to 36 per child.

Dr. W. Torch was able to document 12 deaths in infants which appeared within 3½ and 19 hours of a DPT immunization. He later reported 11 new cases of SIDS death and one near miss which had occurred within 24 hours of a DPT injection. When he studied 70 cases of SIDS two thirds of these victims[6] had been vaccinated from one half day to 3 weeks prior to their deaths. None of these deaths was attributed to vaccines. Vaccines are a sacred cow and nothing against them appears in the mass media because they are so profitable to pharmaceutical firms.

There is valid reason to think that not only are vaccines worthless in preventing disease they are counterproductive because they injure the immune system permitting cancer, auto-immune diseases and SIDS to cause much disability and death.

Are Vaccines Sterile?

Dr. Robert Strecker claimed that the department of defense DOD was given $10,000,000 in 1969 to create the AIDS virus to be used as a population-reducing[7] weapon against blacks. By use of the Freedom of Information Act Dr. Strecker was able to learn that the DOD secured funds from Congress to perform studies on immune destroying agents for germ warfare.

Once produced, the vaccine was given in two locations. Smallpox vaccine containing HIV was given to 100,000,000 Africans in 1977. Over 2000 young white homosexual males in New York City were given Hepatitis B vaccine that contained HIV virus in 1978. This vaccine was given at New York City Blood Center. The Hepatitis B vaccine containing the HIV virus was also administered to homosexual males in San Francisco, Los Angeles, St.Louis, Houston and Chicago in 1978 and 1979. U.S. Public Health epidemiology studies have disclosed that these same 6 cities had the highest incidence of AIDS, Aids related Complex (ARC) and deaths rates from HIV, when compared to other U.S. cities.

When a new virus is introduced into a community. It takes 20 years for the number of cases to double. If the fabricated story that green monkey bites of pygmies led to the HIV epidemic, the alleged monkey bites in the 1940s should have produced a peak in the incidence of HIV in the 1960s at which time HIV was non existent in Africa. The World Health Organization (WHO) began a African smallpox vaccination campaign in 1977 that targeted urban population centers and avoided pygmies. If the green monkey bites of pygmies truly caused the HIV epidemic the incidence of HIV in pygmies should have been higher than in urban citizens. However, the opposite was true.

In 1954 Dr. Bernice Eddy (bacteriologist) discovered live monkey viruses in supposedly sterile inactivated polio vaccine[8] developed by Dr. Jonas Salk. This discovery was not well received at the NIH and Dr. Eddy was demoted. Later Dr. Eddy, working with Sarah Stewart, discovered SE polyoma virus. This virus was quite important because it caused cancer in every animal receiving it. Yellow fever vaccine had previously been found to contain avian (bird) leukemia virus. Later Dr. Hilleman isolated SV 40 virus from both the Salk and Sabin polio vaccines. There were 40 different viruses[9] in these polio vaccines they were trying to eradicate. They were never able to get rid of these viruses ontaminating the polio vaccines. The SV 40 virus causes malignancies. It has now been identified in 43 % of cases of non-Hodgekin lymphoma[10] , 36 % of brain tumors[11] , 18 % of healthy blood samples, and 22 % of healthy semen samples, mesothiolomas and other malignancies. By the time of this discovery SV 40 had already been injected into 10,000,000 people in Salk vaccine. Gastric digestion inactivtes some of SV 40 in Sabin vaccine. However, the isolation of strains of Sabin polio vaccine from all 38 cases of Guillan Barre Syndrome[12] GBS in Brazil suggests that significant numbers of persons are able to be infected from this vaccine. All 38 of these patients had received Sabin polio vaccine months to years before the onset of GBS. The incidence of non-Hodgekin lymphoma has"mysteriouly" doubled since the 1970s.

Dr. John Martin, Professor of Pathology at the Univ. of Southern California, was employed by the Viral Oncology Branch of the Bureau of Biologics (FDA) from 1976 to 1980. While employed there he identified foreign DNA in the live polio vaccine Orimune Lederle that suggested serious vaccine contamination. He warned his supervisors about this problem and was told to discontinue his work as it was outside the scope of testing required for polio vaccine.

Later Dr. Martin learned that all eleven of the African green monkeys used to grow the Lederle polio virus Orimune had grown simian cytomegalovirus from kidney cell cultures. Lederle was aware of this viral contamination as their Cytomegaloviral Contamination Plan[13] clearly showed in 1972. The Bureau of Biologics decided not to pursue the matter so production of infected polio vaccine continued.

In 1955 Dr. Martin identified unique cell destroying viruses termed stealth viruses in patients with chronic fatigue syndrome. These viruses lacked genes that would enable the immune system to recognize them. Thus they were protected by the body's failure to develop antiviral antibodies. In March of 1995, Dr. Martin learned that some of these stealth viruses had originated from African green monkey simian cytomegalovirus of a type known to infect man.

The Lederle vaccine experience suggests that the higher-ups are not concerned about sloppy and dangerous preparation of vaccines. Animal cross infection is a huge unsolved current problem for all vaccine manufacturing. If this vaccine production sounds like an unbelievable mess to you, you are right.

The influential Club of Rome has a position paper in which they state that the world population is too large and needs to be reduced by 90 %. This means that 6 billion people must be reduced to 500 to 600 million. Obviously, creating famines and genocidal wars such as wrecked havoc in Africa, and loosing new laboratory-created diseases (HIV, Ebola, Marburg[14] , and probably West Nile virus and SARS) can help reduce the population. Other elitist groups (Trilaterals, Bildenbergers) have expressed similar concerns about excess people on planet Earth.

The company that was projected to produce the new smallpox vaccine in the U.S. was in serious trouble in England because of unsatisfactory quality of operations before setting up their facility in the U.S. Why would their performance here be any better than it was in England?

If there are important powerful groups of people that are determined to reduce the world population, what could be a more diabolically clever way to eliminate people than to inject them with a cancer-causing vaccine? The person receiving the injection would never suspect that the vaccine taken 10 to 15 years earlier had caused the cancer to appear.

Other Dangers From Vaccines

In the March 4, 1977 issue of Science Jonas and Darrell Salk warn, "Live virus vaccines against influenza or poliomyelitis may in each instance produce the disease it intended to prevent. The live virus against measles and mumps may produce such side effects as encephalitis (brain damage).

The swine flu vaccine was administered to the American public even though there had never been a case of swine flu identified in a human. Farmers refused to use the vaccine because it killed too many animals. Within a few months of use in humans this vaccine caused many cases of serious nerve injury (Guillan Barre syndrome).

An article in the Washington Post on Jan. 26, 1988 mentioned that all cases of polio since 1979 had been caused by the polio vaccine with no known cases of polio from a wild strain since 1979. This might have created a perfect situation to discontinue the vaccine, but the vaccine is still given. Vaccines are a wonderful source of profits with no risks to the drug companies since vaccine injuries are now recompensed by the government.

The steady escalation in the number of vaccines administered has been followed by an identical rise in the incidence of auto-immune diseases (rheumatoid arthritis, subacute lupus erythematosus, psoriasis, multiple sclerosis, asthma) seen in children. While there is a genetic transmission of some of these diseases many are probably due to the injury from foreign protein particles, mercury, aluminum, formaldehyde and other toxic agents injected in vaccines.

In 1999, the rotavirus vaccine was recommended by the Center for Disease Control for all infants. When this vaccine program was instituted several infants died and many had life endangering bowel obstructions. Prelicensure trials[15] of the rotavirus vaccine had demonstrated an increased incidence of intussusception 30 times greater than normal but the vaccine was released anyway without special warnings to practitioners to be on the lookout for bowel problems. Children's vaccines are often not studied for toxicity possibly because such study might eliminate them from being used.

A large study from Australia showed that the risk of developing encephalitis from the pertussis vaccine was 5 times greater than the risk of developing encephalitis by contacting pertussis by natural methods.

Naturally acquired immunity by illness evolves by spread of a virus from the respiratory tract to the liver, thymus, spleen, and bone marrow. When symptoms begin, the entire immune response has been mobilized to repel the invading virus. This complex immune system response creates antibodies that confer life long immunity against that invading virus and prepares the child to respond promptly to an infection by the same virus in the future.

Vaccination, in contrast, results in the persisting of live virus or other foreign antigens within the cells of the body, a situation that may provoke auto-immune reactions as the body attempts to destroy its own infected cells. There is no surprise that the incidence of auto-immune diseases (rheumatoid arthritis, subacute lupus erythematosus, multiple sclerosis, asthma, psoriasis) has risen sharply in this era of multiple vaccine immunization.

Vaccine Induced Type 1 Diabetes Mellitus

Dr. John Classen has published 29 articles on vaccine-induced[16] diabetes. At least 8 of 10 children with Type 1 (insulin needing) diabetes have this disease as a result of vaccination. These children may have avoided measles, mumps, and whooping cough but they have received something far worse: an illness that shortens life expectancy by 10 to 15 years and results in a life requiring constant medical care.

Dr. Classen has shown in Finland, the introduction of hemophilus type b vaccine caused three times as many cases of type 1 diabetes as the number of deaths and brain damage from hemophilus influenza type b it might have prevented.

In New Zealand, the incidence of Type 1 diabetes in children rose by 61 % after an aggressive vaccine program against hepatitis B.. This same program has been started in the U.S.A. so we can now look forward to many cases of Type 1 diabetes in children. Similar rises in Type 1 diabetes have been seen in England, Italy, Sweden, and Denmark after immunization programs against Hepatitis B.

Toxic Substances Are Needed To Make Vaccines.

Vaccines contain many toxic substances that are needed to prevent the vaccines from becoming infected or to improve the performance of the vaccine. Among these substances are mercury, formaldehyde and aluminum.[17]

In the past 10 years, the number of autistic children has risen from between 200 and 500 percent in every state in the U.S. This sharp rise in autism followed the introduction of measles, mumps and rubella vaccine in 1975.

Representative Dan Burton's healthy grandson was given injections for 9 diseases in one day. These injections were instantly followed by autism. These injections contain a preservative of mercury called thimerosal. The boy received 41 times the amount of mercury which is capable of harm to the body. Mercury is a neurotoxin that can injure the brain and nervous system. And tragically, it did.

In the United States the number of compulsory vaccine injections has increased from 10 to 36 in the last 25 years. During this period, there has been a simultaneous increase in the number of children suffering learning disabilities and attention deficit disorder. Some of these childhood disabilities are related to intrauterine cerebral damage from maternal cocaine use, but probably vaccines cause many of the others.

Many vaccines contain aluminum. A new disease called macrophagic myofasciitis causes pain in muscles, bones and joints. All persons with this disease have received aluminum containing vaccines. Deposits of aluminum are able to remain as an irritant in tissues and disturb the immune and nervous system for a lifetime.

Nearly all vaccines contain aluminum and mercury. These metals appear to play an important role in the etiology of Alzheimer's Disease. An expert at the 1997 International Vaccine Conference related that a person who takes 5 or more annual flu vaccine shots has increased the likelihood of developing Alzheimer's Disease by a factor of 10 over the person who has had 2 or fewer flu shots.

When we take vaccines we are playing a modern version of Russian Roulette. We not only get exposed to aluminum, mercury, formaldehyde and foreign cell proteins but we may get simian virus 40 and other dangerous viruses which can cause cancer, leukemia and other severe health problems because the vaccine pool is contaminated due to careless animal isolation techniques. Congress has protected the manufacturers from lawsuits, so dangerous vaccines simply increase profits at no risk to the drug companies.

U.S. children aged 2 months began receiving hepatitis B vaccine in December 2000.No peer-reviewed studies of the safety of hepatitis B in this age bracket had been done. Over 36,000 adverse reactions with 440 deaths were soon reported but the true incidence is much higher as reporting is voluntary so only approximately 10 % of adverse reactions get reported. This means that about 5000 infants are dying annually from the hepatitis B vaccine. The CDC's Chief of Epidemiology admits that the frequency of serious reactions to hepatitis B vaccine is 10 times higher than other vaccines. Hepatitis B is transmitted sexually and by contaminated blood, so the incidence of this disease must be near zero in this age bracket. A vaccine expert, Dr. Philip Incao, states that "the conclusion is obvious that the risks[18] of hepatitis B vaccination far outweigh the benefits. Once a vaccine is mandated the vaccine manufacturer is no longer liable for adverse reactions.

Dr. W.B. Clarke's important observation that cancer was not found in unvaccinated individuals demands an explanation and one now appears forthcoming. All vaccines given over a short period of time to an immature immune system deplete the thymus gland (the primary gland involved in immune reactions) of irreplaceable immature immune cells. Each of these cells could have multiplied and developed into an army of valuable cells to combat infection and growth of abnormal cells. When these immune cells have been used up, permanent immunity may not appear. The Arthur Research Foundation in Tucson, Arizona estimates that up to 60 % of our immune system may be exhausted[19] by multiple mass vaccines (36 are now required for children). Only 10 % of immune cells are permanently lost when a child is permitted to develop natural immunity from disease. There needs to be grave concern about these immune system injuring vaccinations! Could the persons who approve these mass vaccinations know that they are impairing the health of these children, many of whom are being doomed to requiring much medical care in the future?

Compelling evidence is available that the development of the immune system after contracting the usual childhood diseases matures and renders it capable to fight infection and malignant cells in the future.

The use of multiple vaccines, which prevents natural immunity, promotes the development of allergies and asthma. A New Zealand study disclosed that 23 % of vaccinated children develop asthma , as compared to zero in unvaccinated children.

Cancer was a very rare illness in the 1890's. This evidence about immune system injury from vaccinating affords a plausible explanation for Dr. Clarke's finding that only vaccinated individuals got cancer. Some radical adverse change in health occurred in the early 1900s to permit cancer to explode and vaccinating appears to be the reason.

Vaccines are an unnatural phenomena. My guess is that if enough persons said no to immunizations there would be a striking improvement in general health with nature back in the immunizing business instead of man. Having a child vaccinated should be a choice not a requirement. Medical and religious exemptions are permitted by most states.

When governmental policies require vaccinations before children enter schools coercion has overruled the lack of evidence of vaccine efficacy and safety. There is no proof that vaccines work and they are never studied for safety before release. My opinion is that there is overwhelming evidence that vaccines are dangerous and the only reason for their existence is to increase profits of pharmaceutical firms.

If you are forced to immunize your children so they can enter school, obtain a notarized statement from the director of the facility that they will accept full financial responsibility for any adverse reaction from the vaccine. Since there is at least a 2 percent risk of a serious adverse reaction they may be smart enough to permit your child to escape a dangerous procedure. Recent legislation passed by Congress gives the government the power to imprison persons refusing to take vaccines (smallpox, anthrax, etc). This would be troublesome to enforce if large numbers of citizens declined to be vaccinated at the same time.

Footnotes:

1 Null Gary Vaccination: An Analysis of the Health Risks- Part Townsend Letter for Doctors & Patients Dec. 2003 pg 78
2 Mullins Eustace Murder by Injection pg 132 The National Council for Medical Research, P. O. Box 1105, Staunton, Virginia 24401
3 Gary Null Interview with Dr. Dean Black April 7, 1995
4 de Melker HE, et al Pertussis in the Netherlands: an outbreak despite high levels of immunization with whole-cell vaccine Emerging Infectious Diseases 1997; 3(2): 175-8 Centers for Disease Control
5 Gary Null Interview with Walene James, April 6, 1995
6 Torch WS Diptheria-pertussis-tetanus (DPT) immunizations: a potential cause of the sudden infant death syndrome (SIDS) Neurology 1982; 32-4 A169 abstract.
7 Collin Jonathan The Townsend Letter for Doctors & Patients 1988 abstracted in Horowitz L. Emerging Viruses Aids & Ebola pg 1-5
8 Harris RJ et al Contaminant viruses in two live vaccines produced in chick cells.J Hyg (London) 1966 Mar:64(1) : 1-7
9 Horowitz Leonard G. Emerging Viruses AIDS & Ebola pg 484
10 Vilchez RA et al Association between simian virus 40 and non-Hodgekin lymphoma Lancet 2002 Mar 9;359(9309):817-823
11 Bu X A study of simian virus 40 infection and its origin in human brain tumors Zhonghu Liu Xing Bing Xue Zhi 2000 Feb;21 (1):19-21
12 Friedrich F. et al temporal association between the isolation of Sabin-related poliovirus vaccine strains and the Guillan-Barre syndrome Rev Inst Med Trop Sao Paulo 1996 Jan-Feb; 38(1):55-8
13 Horowitz Leonard Emerging Viruses: Aids and Ebola pg 492
14 Horowitz Leonard G Emerging Viruses: Aids & Ebola pg 378-88 Tetrahedron Inc. Suite 147, 206 North 4th Ave. Sandpoint, Idaho 83864 1-888-508-4787 tetra@tetrahedron.org
15 Null, Gary Vaccination: An Anatysis of the health risks-Part 3 Townsend letter for doctors & patients Dec. 2003 pg 78
16 Classen, JB et al. Association between type 1 diabetes and Hib vaccine BMJ 1999; 319:1133
17 Brain 9/01
18 Incao, philip M.D. Letter to representative Dale Van Vyven, Ohio House of Representatives March 1, 1999 provided to www.garynull.com by The Natural Immunity Information Network
19 Rowen Robert Your first consultation with Dr. Rowen pg 20


© 2003 Dr. James Howenstine - All Rights Reserved





Dr. James A. Howenstine is a board certified specialist in internal medicine who spent 34 years caring for office and hospital patients. Curiosity sparked a 4 year study of natural health products when 5 of his patients with severe rheumatoid arthritis were able to discontinue the use of methotrexate (chemotherapy agent) after trying an extract of New Zealand mussels for the therapy of severe rheumatoid arthritis.

Dr. Howenstine is convinced that natural products are safer, more effective and less expensive than pharmaceutical drugs. This research led to the publication of his book 'A Physicians Guide To Natural Health Products That Work'. This book and the recommended health products are available from www.naturalhealthteam.com and by calling 1-800-416-2806 U.S.A.

Dr Howenstine can be reached by E-Mail at jimhow@racsa.co.cr

Photo
by Emily Spence // Buy this photo
Photo by Emily Spence // Buy this photo
Public health nurse Wanda LeGrande injects Brandie Kidd, 11, who was at the Knox County Health Department last month getting vaccinated for tetanus, chicken pox, meningitis and hepatitis A. Public health officials say many adolescents don’t get the immunizations they need. The shots are offered free to county residents at the health department

Poll.Did you/would you vaccination your child?

Yes, on the CDC's recommended schedule .

Yes, but would space out shots or skip some altogether .

No, not at all .Not sure .

See the results »

View previous polls »

Related documents.State form for religious exemption from vaccination

Ingredients in vaccines

Vaccination Schedules

Ages 0-6

Ages 7-18

"Catch-up" schedule

Learn more

Centers for Disease Control and Prevention

Vaccine Injury Coalition

National Vaccine Information Center

Parents of Kids with Infectious Diseases

Knox County Health Department

Discussion

Thread on School Matters

School Matters.Join the local community School Matters, where you can discuss local schools and education.




When Laura Beeler's son, Zeke, 9, was a baby, she didn't think twice about having him immunized.

But when her daughter Leah Kate, now 5, was born, she gave vaccination a little more thought.

"I was more concerned when she was born because of all the media (coverage) and all the things I'd heard about autism" from friends, said Beeler, a Powell hair stylist. "I hadn't even heard of (those concerns) when Zeke was born."

Ultimately, Beeler had an in-depth conversation with her pediatrician, who was able to allay her fears.

She prayed about her decision.

And then she had Leah Kate immunized, although "we spread the shots out a little bit more so than we did with Zeke," she said.

Beeler isn't unusual. West Knoxville pediatrician Dr. Stephanie Shults said that as many as a quarter of the parents who come through her practice, Shults Pediatrics, have questions about vaccines.

Once the province of parents outside the medical mainstream, those questions are now being asked routinely. And there aren't any easy answers. While science has yet to find concrete evidence that vaccines damage children, the medical and pharmaceutical industries also have yet to win back the trust of wary parents.

Parents worry about a shot changing their child permanently, while public health professionals worry about the re-emergence of truly awful diseases that once killed or maimed huge numbers of children.

Pediatricians are caught in the middle, sympathetic to parents but strong in their own convictions that childhood immunization remains the best way to protect large numbers of the population from now-rare diseases.
Nationally, more than 80 percent of babies are still immunized. But even among them, how and when they get the shots are changing.

Set against shots

Melissa Cox decided before her children were born that she wouldn't vaccinate them. Cox, who lived in California at the time, visited a chiropractor while seeking relief from migraine headaches. The chiropractor was staunchly against vaccinations, and after giving Cox "a stack of research" that led her to do her own reading, she said, he had a convert.

Cox, of West Knoxville, now feels so strongly about her decision not to vaccinate Easton, 3, and Makenlee, 18 months, that she carries cards advocating for the Florida-based Vaccine Injury Coalition.

The cards list a bevy of unsavory ingredients in various vaccines - including formaldehyde, aluminum, lead, sulfates, yeast proteins, and tissues from chickens, monkeys, dogs, cows, pigs, rabbits, sheep and human fetuses - and urge, "Educate Before You Vaccinate."

"I think a lot of vaccines are unnecessary," Cox said. "I think there are too many - way too many."

Cox sees skipping them as one more way to keep her children healthy, along with keeping their diet "clean" and avoiding medications when possible.

She did worry, when Easton began preschool, whether his being unvaccinated would be a problem. Tennessee law requires proof of vaccination before a child can be enrolled in school; it allows parents a religious exemption, but not a philosophical one. Children can also have medical exemptions.

Cox believes vaccines go against her religious tenets, in part because some were made with human embryo stem-cell lines (derived before harvesting stem cells from embryos became illegal). But her nondenominational Christian church doesn't take a stand on vaccines. However, she learned that Tennessee requires only that parents sign a form from the health department; they no longer have to provide a letter from clergy.

Cox also worried about finding a pediatrician. More than one Knoxville practice openly refuses parents who don't vaccinate.

Cox's pediatrician, Dr. Michael Green of Trinity Medical Associates at Fort Sanders West, said he tries to address parents' concerns about vaccines, but he won't discharge their children if they decide not to vaccinate. Instead, he works on building a relationship of trust.

"My goal is that every patient I have that's a child be fully vaccinated," Green said. "I may have an altered view on approaching that, but I don't have an altered view on vaccination."

That's because he's seen just about all the diseases he vaccinates children against, with the exception of polio.

"When you see a child in the ICU with chicken pox, who has encephalitis or is about to lose an eye because of an infection, then you look at the parents and you think, 'Where's the vaccine?' " he said. "Almost 100 percent of the time, that would have prevented the worst-case scenarios. And you feel horrible. … You almost wonder, what will it take before people start to realize that we're not just playing around, these aren't just 'what color outfit am I going to dress my kid in?' These literally can be life-and-death decisions."

The re-emergence of almost vanquished diseases is a key argument for proponents of vaccination.

Earlier this year, the national Centers for Disease Control and Prevention reported 131 cases of measles, the most reported in more than a decade. They found 95 of those infected could have been vaccinated but weren't - 63 of them because of their parents' philosophical or religious beliefs. Only 17 people picked up the disease overseas; the rest were infected in the United States.

Public health officials argue that getting children vaccinated is for a greater good because it protects those who can't be vaccinated - young babies, people with immune-system problems and children undergoing chemotherapy, to name some - as well as the 5 percent to 15 percent of the population for whom the vaccines don't work.

"If most everybody is vaccinated, it's going to protect the weaker ones," Shults said.

Green admits to some frustration when a patient's entire appointment is spent discussing vaccines, leaving no time for other important topics. At the same time, he's not unsympathetic.

"There are times when people say, 'OK, I think I'm going to do it today,' and you feel for them, because you feel the anxiety that they're about to do something they are really unsure about," Green said. "You want to say, 'Gosh, I've done my own kids, we do tons of kids. This is not like sending your kid over Niagara Falls in a barrel. We do this all the time.'"

When she began practicing pediatrics 14 years ago, Shults said, "it was so easy. Basically we told people what they needed, and they got it. Somewhere along the line, the trust between the medical profession and the lay people has collapsed."

'You just kind of lose them'

Debate over a vaccine-autism connection is partly to blame.

Cox, who once worked in public schools with special-needs children, believes there is a link. Though Easton is not autistic, he has been diagnosed with speech delays and sensory issues. Cox believes that had he been vaccinated, Easton might now be autistic.

Science has failed to find a link between vaccination and autism definitive enough to convince doctors and the government. The question divides even parents of autistic children.

Maryville mother Shaina Cutler believes her son, Brant, 9, had a genetic predisposition to autism, and that heavy metals, such as aluminum and mercury, in vaccines he got when he was between 18 and 24 months of age taxed his immune system to the point of permanent damage.

Cutler said Brant was a bright and bubbly baby, but that with each shot, he ran a high fever and was "glassy-eyed and lethargic" for days. By the time he was 2, she said, no trace of the happy, alert baby remained.

"You just kind of lose them," she said. "They're more distant. They don't look at you. They don't hear."

Had she made a connection between Brant's withdrawal and the shots earlier, she said, she would have stopped them. But Cutler had never heard of autism before her son was diagnosed. She now believes her daughter's onset of attention-deficit disorder also might have been hastened by vaccines.

Yet Cutler is on the board of the East Tennessee chapter of the Autism Society of America, which holds the position that there is no evidence of a link.

"I don't suggest that anyone not vaccinate their children," she said. "You don't want rampant disease … because everyone got scared and didn't vaccinate. I do have the opinion that they need to spread out the vaccinations."

If Cutler had a younger child, she would space out the shots, or perhaps wait until the child was 4 or 5 years old to start them, she said.

Many parents are finding such a "delayed schedule" to be a compromise between wanting the protection of vaccination and fearing the vaccines.

Taking more time

Jessi Blessinger of Farragut follows a modified version of Dr. Robert Sears' suggested "delayed schedule," never getting more than one shot per visit for her 15-month-old son, Leo.

Blessinger's husband, a physicist, travels overseas to Asia, South America and Central America frequently. Blessinger, though she has reservations, sees vaccination as the best way to protect her son from some diseases that his father, who has been vaccinated, might be exposed to. So she read about each vaccine and its purpose, choosing the ones that were "nonnegotiable," including pneumococcal and Hib (Haemophilus influenzae type b), which she felt strongly enough about that she took Leo to the health department to get it because a shortage left his pediatrician without it.

Some other shots she decided to skip, including the vaccines for rotovirus ("still too new") and chicken pox (she worries that immunity would wear off when Leo is older and set him up for a more severe case than he would have had as a child).

"At the end of the day, everybody's going to do what works for their family. At least if you know people are putting thought into the decision … then you know that a good decision was made for that family," Blessinger said. "I'm probably never going to be 100 percent sold (on) either (position), but for now, this is what works for us."

Blessinger's pediatrician, Dr. Mark McColl of Trinity Medical, agreed to follow the Sears schedule because, he said, late vaccination is better than no vaccination. But he thinks the worry that too many vaccinations at once might "overload" a young child's system are unfounded.

"A child can come in and get six shots - at most, three needles worth of stuff," he said. "The likelihood of being exposed to 10 times that amount of stuff going to Walmart is a guarantee. You sit in my waiting room, you're going to be exposed to more things than I'm going to give you in that needle."

Parents sometimes balk at the newer "combo" shots, which have several vaccinations in one needle. Doctors like the combo shots for two reasons, Shults said: First, the child is injected fewer times, and second, it's easier to get the shots done early, and thus better protect the child.

It is possible, but not usually practical, to give individual vaccines instead of combo shots. For example, though drug company Merck, which makes an MMR combo shot, still makes individual vaccines for measles, mumps and rubella, they have to be ordered in bulk. Most doctors don't have enough requests to justify the cost, and insurance won't always pay for the individual shots.

They're not always easy to find, either. Though a Merck customer service representative said the company hasn't discontinued the individual vaccines, none is currently available.

The newer vaccines are often better, Shults said. Polio and DTap are two; older versions of both more often caused adverse reactions.

"When I first came out of residency, we'd call back everybody (whose child had a shot) the next day and make sure they were OK," she said. "We don't have to do that anymore. They may run a little fever, and they may be a little fussy, but for the most part, 90 percent of the kids are going to tolerate them very well."

McColl, Green and Shults all say they've reviewed anti-vaccine information parents have brought them. They also keep up-to-date on studies from sources they trust. Nothing they've seen so far sways their conviction that the risk of vaccination is smaller than the risk of not vaccinating.

Vaccines "changed the way I do medicine," Shults said. "Take (pneumococcal): When we had a kid with a 104-degree fever, we told you to go to the ER. You couldn't leave that kid sitting at home with strep pneumo - they could be dead the next morning. A perfectly healthy kid.

"We don't do near as many blood cultures, inject as many antibiotics, or have as many ER visits. Then the rotovirus - oh, my goodness. In my practice alone, we used to send five or six kids to the hospital each year with rotovirus. Last year, I didn't have one."

Kristi L. Nelson may be reached at 865-342-6434.

© 2008, Knoxville News Sentinel Co.

http://www.knoxnews.com/news/2008/dec/07/vaccination-debate-parents-choice-or-public-health/

Wednesday, January 16, 2013

Shootings in America


THE BOLD TRUTH

Conneticuit School Shooting Staged (Actors). - 15 yr old kid picked to take fall, looked as if druged.


President + CIA = Shootings = Regulation on Constitution, 2nd Amendment

The shooting all over America, came about by domestic Terrorism by our US Gov. Agency CIA and the help of the President.


Arizona Shooting - Shooter Brainwashed

Colorado Batman Shooting - Shooter Brainwashed
 

PREPARE FOR A CIVIL WAR BEGINNING IN 2013/2014


CIVIL WAR IN AMERICA
POSSIBLY IN MARCH 2013

The President has Declared War on the American People, 1st with Katrina Victims, next pushing state govenors to vote on passing legislation in NY to outlaw guns statewide in the middle of the night without the other half of state representatives (pro gun) being present to object, totally unconstitutional.

Our Current President has said he will delcare Martial Law in Civil Unrest Scenerio.

There is a movement of Officials Nationwide who are standing up and saying enough is enough, Where not taking it no more. We will defend one another.

State Officials in Kentucky, Texas, Oregon, Mississippi has said that they will protect their 2nd Amendment rightrs in their territory from gun confication by any the fed gov agent (ATF) etc.

23 Executive Orders Signed into Law by our President. In Order to Rule America as King Obama.



CO Sheriff: “I Will Protect Constitutional Rights…With My Dying Breath”


Sheriff Ronald B. Bruce has been the Sheriff of Hinsdale County in Colorado since his election in 2007. He contacted Freedom Outpost to let us know that he stands with Sheriff Scott Berry of Georgia and will not take his business to others who will discriminate against law abiding citizens in selling semi-automatic rifles, but stated unashamedly that with his dying breath he will protect current and existing Constitutional rights of those who elected him.

Bruce has been the Sheriff of Hinsdale County for the past six years. Prior to that he served in the Arizona Department of Public Safety’s Highway Patrol. He retired as a State Trooper, having served 28 years.

Sheriff Bruce wrote to me following the story on Sheriff Berry, “I’m on board with the Georgia Sheriff. If we learn of any of our suppliers that normally sold to civilians and are now discontinuing such sales, they too have lost our business.”

That’s not all, Bruce had already taken initiative by closing an account his office had with online retailer Cheaper Than Dirt. He wrote, “We cancelled our account with Cheaper Than Dirt after they quickly almost doubled their price for .223/5.56 and .308/7.62mm ammunition. They also suspended all “assault” type firearms sales to re-evaluate their position on this…read, figure how much they could get away with in the escalation of their prices for semi-auto carbines.”

Bruce was referencing the pull of the sell of all firearms following the Sandy Hook Shooting. Cheaper Than Dirt finally opened sales back up to handguns, including semi-automatics, and rifles, but are no longer offering the semi-automatic rifles such as the AR-15. Dick’s Sporting Goods, which are way over priced if you ask me, went all out of their way to hide a page which featured a Bushmaster AR-15 “out of respect for the victims and their families” and had even suspended sales of modern rifles. Out of respect for victims and families you hide a product on your website and stop selling certain ones for a period of time? That’s not respect, it’s trying to be politically correct.

While Cheaper Than Dirt has brought back the sale of handguns and shotguns, even semi-automatics in both varieties, they have not brought back semi-automatic rifles such as the AR styles they carried before. They do carry accessories and ammunition for these weapons, but they are anything but “cheap.”

Sheriff Bruce is a giving sheriff. He informed me that, “We are a very strong pro-2nd Amendment Sheriff’s Office. I and my staff are currently the only certified CHP instructors in the county and offer the classes free to any county resident.”

Bruce told Freedom Outpost that approximately 50% of the legal adult citizens in his county have obtained their concealed carry permits.

He then stated what I think should be every Sheriff’s motto,

“I have assured numerous constituents who have contacted our office since BHO’s re-election, that with my dying breath, I would protect their current/existing Constitutional Rights.”

When I contacted Sheriff Bruce back in order to confirm that I might be able to share his stand with my readers, here was his response, “Let ‘er rip Tim. I like to think I’m a man of conviction and don’t shirk my beliefs in the face of opposition.”

In my book, it is men like Sheriff Berry and Sheriff Bruce who should be held in high honor in their communities. They are the last stand against an oppressive federal government. Thank you Sheriff Bruce for your commitment to the people of Hinsdale County. May God grant you strength to continue serving well and may He raise up more men of conviction to serve other counties in our country in the same manner.

Read Source:
http://freedomoutpost.com/2013/01/co-sheriff-i-will-protect-constitutional-rights-with-my-dying-breath/comment-page-7/

Sunday, January 6, 2013

America MUST Stand Together

Gun Rights:
Americans NEVER Surender your guns, its a 2nd Amendment Right of the Constitution, its our Country, and we wont go quitly.

Don't Surrender Liberty and Freedom for a Communist Society.

Gov. Agencies Who Are Siding with the United Nations.
Dept. of Defense, Justice Dept., Homeland Security, FBI, CIA, ATF, U.S. Marshals et, and some local governments have declared war on its citizens.

State of Louisiana
(LA - Katrina - Mayor Ray Nagin of New Orleans, LA.,  U.S. Army National Guard - 47th Enfentry, U.S. Marshals).

State of Illinois
Gov. & Senator Corrupt
The State Is Banning Guns In State of IL.

The Fed. Gov. Attacking Preppers, and the 2nd Amendment, Constituitonalists, Patriots, Plans on Declaring Marshal Law in 2013, This Year.




Wednesday, January 2, 2013

FREEDOM, THE SECOND AMENDMENT IS TO BE HONORED AND RESPECTED!

FREEDOM, THE SECOND AMENDMENT IS TO BE HONORED AND RESPECTED!

We as a Nation must stand together, A Nation United, with one purpose, to fight and defend against evil gov, enemies forereign and domestic.
There comes a time when we must fight for what we believe is right and just, in order to keep the freedoms that we cherrish and hold so dear.

We as a Nation must Succeed from the Union, and declare our Sovereinty.

DW
   

How to Win a Criminal Case in Court - READ THIS


 
Response to a Pre Trial Conference/Preliminary Hearing, Citation (criminal complaint):

 

  1. Step One:

Part 1

You: Ask the court (judge/prosecutor) if this hearing is being recorded by a Court Recorder (Telegrapher) or is it being electronically recorded?

Prosecutor: says no

State that: All criminal proceedings shall be recorded by statute.

State that: If this court is not recording this hearing, this is the wrong venue.

Part 2

You: If it is not recorded, request to the court to set this hearing for another time so this court will have ample time and preparations to have a Court Recorder available to record this hearing.

You: If he continues, then pull out a tape recorder you have brought with you, and start recording, keep in mind before hearing, prior to this recording you already need to have the Date of the Hearing, Time, who is present, (name, badge number, rank).

 

  1. Step Two:

You: Is there a proper complaint sworn out before a qualified judge, under oath by a qualified officer having witnessed a crime committed, and has the judge called witnesses, to verify and establish the officers statement.   

Prosecutor: Yes, this is a Ticket Form Complaint.

You: A ticket form complaint, is not a proper complaint before this court, as stated in Rules of Criminal Procedure, Rule 2.3. 

 

  1. Step Three:

You: I move this court in an Oral Motion, “Motion to Dismiss with prejudice, for lack of subject-matter jurisdiction”. See. Phillips vs. Arizona.

 

  1. Step Four: 

(quote court cases which loose immunity by failing to have jurisdiction.)

Note: If the Judge fails to rule on Motion to Dismiss, or if the prosecutor objects to a dismissal and continues without jurisdiction.
      Note: If the court want to commit legal suicide, by moving without jurisdiction the judge and the  
      prosecutor looses complete immunity. 

DW

Saturday, November 10, 2012

propria persona (pro per)

propria persona (pro per), pro se, sui juris, etc.    

Pro Se? Nothing to it!
By John Tassone
What is a Pro Se Complaint? This is, quite simply, a lawsuit that a person files without a lawyer. The ADA Pro Se must be filed in Federal District Court., because the ADA is a Federal law. To find out which US District Court you will be filing your complaint in, look in the phone book blue (or green) pages, under United States Government Offices, "U.S. Courts".
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
How about us? We are the real authority, because we live with the discrimination day in and day out. The Pro Se is our tool. Many businesses and other public accommodations are not making their places accessible. Their attorneys told them to ignore the ADA until someone makes an issue out of the lack of access.
I've spent a lot of time sending accessibility complaints to the DOJ for the "mediation process", which is supposed to be a faster way to get better compliance. No response. I waited and got no response. I'm still waiting for, at the very least, a letter confirming that they received the things, let alone tell me what action, if any, they would be taking. Nothing.
How does it work? I attended a meeting with a group of advocates from across Pennsylvania, and Steve Gold, the attorney who designed this Pro Se, told us about filing our own lawsuits. Once I learned how to use it, I was ready for action, I couldn't wait to do my first case. My success rate since I began to use the Pro Se form has been 100%: all public accommodations served with papers under the Pro Se method have made their places accessible.
The form needs to be filled out, and copies made. The number of copies will depend upon your Federal District Court, so call and talk to them about this. Depending on your income, you may be able to file your complaint free of charge, so ask about this as well. Here's one success story:
A fellow advocate member of DAC, our advocacy group, filed her Pro Se in Federal District Court, after waiting and waiting for DOJ to respond. She lives on a low fixed income, and was able to waive the filing fee. Within a week, she received her notification of receipt that her case is now pending in federal court. At the same time she received notification that the inaccessible business was being served the complaint by a federal marshal. Shortly after that, she received a letter from the attorney for the inaccessible business stating that they wanted to settle out of court. Of course!! We settled for full compliance with the ADA.
I highly recommend using the Pro Se. We use it only after we've attempted to deal with the business either through a letter, phone call, or face-to-face meeting, discussing our access issues, and the business still won't budge.
I still have a pile of 14 complaints sent to DOJ last year. I've heard absolutely nothing from DOJ. That's why we've taken advantage of the Pro Se, and we're finding it works.
When a federal marshal serves an inaccessible business with a summons to federal court, that inaccessible businesses starts to take you seriously!!
Pro Se Instructions
Don't let the Pro Se form scare you. It's easy! All you have to do is just put it in the computer and fill in the bold parts that are in parentheses. If you do not have a computer, then use the "blank" pro se. We have an example copy included for your convenience. Keep the example copy with you at your side as a guideline. Once you have the disk copy in your computer and the example copy in front of you, just follow these suggestions and you're on your way:
1. Fill in the [brackets] with your information. Remember, you are the plaintiff, and the business is the defendant.
2. Each Paragraph is numbered on the left hand side. When you get to paragraph 15, you'll see that it reads, "a failure to remove architectural barriers." This will be different if the barriers are against people who are deaf or hard of hearing. For example, the barrier may be a phone bank without a TTY.
3. Paragraph 16 may also be different, depending on what the barrier is. It's a good idea to attach photos of the barrier, as well as any letters of correspondence.
4. If you or your group made any effort to inform business owners in your area about the ADA, you might want to make a Paragraph 18 that will read like this: "On April 22, 1993, the Louisville CIL conducted a free seminar on the ADA, and sent out fliers to all downtown businesses, to educate them about the ADA. The business in question still refused to become accessible. If this is not relevant, just ignore it, and number paragraphs accordingly.
5. If you or your group did anything to inform that particular business owner of his violation, then you might want to make that paragraph 19. It might read like this, "During the summer of 1997, the Louisville CIL visited the business in question, and spoke to the owner. The owner could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act."
6. If you have a paragraph 18 and 19, then you might want to add a paragraph 20 that might read something like this, "Other commercial facilities similar to the defendant's have made similar modifications, like what we ask here. Defendant could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act." You might also want to add a 20a that reads, "to assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses, and a tax deduction available to all businesses."
7. Your next paragraph must read like this, "plaintiffs want to (eat, do business, use the phone, buy, etc.) in the defendant's (restaurant, store, etc.)" This is very important; it's the whole point of your lawsuit.
8. Don't forget to fill out the Pro Se Motion to Commence an Action Without Payment. Each court has a different standard of who can afford to pay, and who can't. People on SSI typically do not have to pay any fees. People who work may be asked to pay as much as $150. It's important to keep this in mind when your group is deciding who will be the plaintiff. The plaintiff should outline exactly why he thinks he should not have to pay fees. Look at the enclosed copy for an example of a person's form who did not have to pay fees.
You are now ready to take your completed form down to the federal district court that represents your area.
Filing your Pro Se lawsuit
1. If you don't know where your federal court is, look under "U.S. Government Offices ‹ U.S. Courts" in the blue or green pages of your phone book. When you find out which district court is yours, add it at the top of your pro se where it reads, "in the United States District Court for the [ ] district of [your state]." Don't worry yet about the Civil Action No. The clerk will give that to you at your district court office.
2. Most district courts require you to have an original copy, a copy for each defendant, and an extra. Ask your clerk if they require more copies, and don't forget to keep a copy for yourself. 3. When you go to the district court's office, follow the clerk's instruction. They tend to be very helpful, and will usually lead you through the rest of the process. The clerk will give you a civil cover sheet to fill out while you are there. That cover sheet will be attached to your Pro Se. The clerk will help you, if you need assistance.
4. If you make mistakes, don't panic. The clerk will tell you how to correct any mistakes, and justice will still be served.
Now, you're done with the Pro Se.
Next, the summons comes back to you in the mail, as well as instructions for how to deliver the summons.
Make sure you follow those instructions! At that point, you will be given so many days to serve the defendant with the court summons. In some districts, the plaintiff has the choice of either delivering the summons himself, a friend deliver it, or having a federal Marshal deliver it. It is most effective to have either a federal Marshal deliver the summons, or a really big guy in a suit. Whoever delivers the summons must make a note of who the summons is delivered to, what the date is, and what time it was delivered. Record this information on the appropriate form that is sent to you with the summons, and take it back to the district court.
Congratulations! You have just filed your first Pro Se complaint. Feel free to share your new knowledge with as many people as you can, including any materials in this packet. Nothing is copyrighted, and duplication is encouraged. If you need any further assistance, please call the Pa. Coalition of Citizens with Disabilities at (717) 238-0172 voice or (717) 238-3433 TTY.
These instructions written and tested in the field by Linda Riegel.

   
Pro Se Form
Copy or download this fill-in-the-bracket form.
Wording inside brackets is instructions for you. Most of the time
it is to be replaced by your own information.
----------------------------------------------



IN THE UNITED STATES DISTRICT COURT
FOR THE [EASTERN, WESTERN OR WHATEVER] DISTRICT OF [YOUR STATE]
 [Your Name(s)- people suing]

  Plaintiff(s),

 v.
 Civil ActionNo. 97-CV- [Court will give this number to you.]
 [Defendant's Name(s)-people you are suing]

 [Defendant(s).
Pro Se [means: without lawyer]
COMPLAINT
COMES NOW the plaintiff(s), [Your Name(s)], appearing pro se, and for a complaint against the defendant[s] above named, states, alleges, and avers as follows:
JURISDICTION
1. This Court has subject matter jurisdiction under 28 U.S.C. sections 1331 and 1343.
2. This action is commenced pursuant to 2201 and 2202 and 42 U.S.C., section 1983.
GENERAL ALLEGATIONS
3. The plaintiffs, [Your Name(s)] are citizens of the State of [Your State], United States of America.
4. Defendants, [name] , own and at all times pertinent to the complaint have owned a commercial business [insert e.g., movie house, shopping market, etc.] at [ street, city and state address].
5. Plaintiffs are individuals with disabilities that cause a mobility impairment. [Your Name(s)] use(s) a motorized wheelchair [insert other, if relevant] for mobility. All Plaintiffs want to [eat, do business in, etc.] defendants' [restaurant, retail store, etc.] but the establishment is inaccessible to persons using wheelchairs.
6. On July 26, 1990, Congress enacted the Americans with Disabilities Act, 42 U.S.C. section 12101, et seq., establishing the most important civil rights law for persons with disabilities in our country's history.
7. The Congressional statutory findings include:
a. "some 43,000,000 Americans have one of more physical or mental disabilities . . .;

b. "historically, society has tended to isolate and segregate individuals with disabilities and despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

c. "discrimination against individuals with disabilities ties persists in such critical areas as . . .public accommodations;

d. "individuals with disabilities continually encounter various forms of discrimination, including . . .the discriminatory effects of architectural . . .

e. "the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity . . . to pursue those opportunities for which our free society is justifiably famous . . ."42 U.S.C. section l2101(a).
8. Congress went on to state explicitly the purpose of the Americans with Disabilities Act to be:
a. "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

b. "to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; and

c. "to invoke the sweep of Congressional authority . . . to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.'' 42 U.S.C. section 12101(b).
9. Congress gave commercial businesses one and a half years to implement the Act. The effective date was January 26, 1992.
10. Nevertheless, [defendant's name] at [address] has not eliminated [name of barrier] barrier that prevents persons using [wheelchairs, canes, etc.] from [entering, using] this commercial establishment.[If you have a photo of the barrier, xerox it and write "A photo of the barrier is attached as Exhibit "A".]
11. One of the most important parts of the Americans with Disabilities Act is Title III, known as the "Public Accommodations and Services Operated by Private Entities." 42 U.S.C. section 12181.
12. Congress included a "[type of establishment]" as a public accommodation covered by the Act. 42 U.S.C. section 12181.
13. Defendant's business at address] is a [type of establishment].
14. As relevant to the present action, discrimination includes, "a failure to remove architectural barriers . . . that are structural in nature, in existing facilities . . . where such is readily achievable.'' 42 U.S.C.. section 12182(b)(2)(A)(iv).
15. The U.S.. Department of Justice, in promulgating the federal regulations to implement this Act, defines "readily achievable" to mean "easily accomplishable and able to be carried out without much difficulty or expense," including ["installing an entrance ramp or whatever is needed]."28 C.F.R.. section 36.304(a) - (c).
16. Other commercial facilities similar to the defendant's have made similar modifications, like what [we, I] ask here. Defendant could easily make its business accessible but has chosen not to comply with The Americans with Disabilities Act.
17. To assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses and a tax deduction for all businesses. See Section 44 and 190 of the IRS Code. An eligible small business is allowed a tax credit equal to 50% of the amount of the eligible access expenditures between $250 and $10,500 for any tax year. A business that removes architectural barriers e.g., by modifying ramps, grading, entrances, doors and doorways, may receive an annual tax deduction of up to $15,000 each year.
18. Plaintiffs want to [eat, do business, shop, etc.] in the defendant's [restaurant, store, etc.].
FIRST CLAIM OF RELIEF
19. Pursuant to the Americans with Disabilities Act, 42 U.S.C. section 12101, et seq., and the federal regulations promulgated pursuant to this Act, 28 C.F.R. §36.304, defendant was to make the commercial facillty at [address] accessible by January 26, 1992. To date, defendant has not.
20. By failing to remove the architectural barrier where such removal is readily achievable, defendant discriminates against plaintiffs and violates the Americans with Disabilities Act.
WHEREFORE, the plaintiffs, [Your Name(s)], pray that the Court issue an injunction enjoining the defendant from continuing its discrimination and that the Court award plaintiffs such additional or alternative relief as may be just, proper, and equitable, including costs.
Respectfully submitted,

[Your signature]
[YOUR NAME]
[Your Address]
PRO SE

Dated:


-----------------------------------------end of form ----------------------------------------------

See link - Click on link 
http://www.ragged-edge-mag.com/archive/proform.htm



CASE LAW for the PRO SE LITIGANT 
A Reference for those who wish to be Pro Se litigants
Compiled in January of 2007

A judge is required to show a little lenience toward a Pro Se litigant: Hayes vs Kerner and children

OUTLINE

·      CASE LAW PARTIICULARLY RELEVANT TO THE PRO SE LITIGANT
============================================================================
TOPIC: PRO SE LITIGANT CASE LAW
============================================================================
Non-Lawyer pro se litigants not to be held to same standards as a practicing lawyer

Many pro se litigants will use this in their pleadings; "Pleadings in this
case are being filed by Plaintiff In Propria Persona, wherein pleadings are
to be considered without regard to technicalities. Propria, pleadings are
not to be held to the same high standards of perfection as practicing
lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th
Cir1990), also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In
Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991)." 

In Puckett v. Cox, it was held that a pro-se pleading requires less
stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth
Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957)
"The Federal Rules rejects the approach that pleading is a game of skill in
which one misstep by counsel may be decisive to the outcome and accept the
principle that the purpose of pleading is to facilitate a proper decision on
the merits." According to Rule 8(f) FRCP and the State Court rule which
holds that all pleadings shall be construed to do substantial justice." 
Defense against dismissal of complaint under Rule 12-B

There is legal sufficiency to show Plaintiff is entitled to relief under his
Complaint. A Complaint should not be dismissed for failure to state a claim
unless it appears beyond a doubt that the Plaintiff can prove no set of
facts in support of his claim which would entitle him to relief. See Conley
v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct.
1827, 1832 (1989). Rule 12(b)(6) does not countenance dismissals based on a
judge's disbelief of a complaint's factual allegations. In applying the
Conley standard, the Court will "accept the truth of the well-pleaded
factual allegations of the Complaint." 
On Judicial Immunity
Civil Rights Vol 4, US Supreme Court Digest
    Page 555 Judges not totally Immune

87 SCT 1213 Pierson v. Ray

94 SCT 1683 Scheur v. Rhodes

96 SCT 984 Imbler v. Pathtman

98 SCT 2018 Monell v. Social SVS

98 SCT 2894 Butz v. Economov
On Absolute Immunity for Judges
A complaint is actionable against Judges under Title 42 U.S.C. 1985 (3),
whose immunity does not extend to conspiracy under color of law. Section
1985(3) reaches both conspiracies under color of law and conspiracies
effectuated through purely private conduct.

On Judges violation of oath of office
Many judges have a total disregard for their oath of office under Title 28
Section 453, All judges take this oath of office swearing to uphold the U.S.
Constitution.

Arbitrary Exercise of Government Powers
Missouri v. Mackey, 127 US 205, 8 S Ct 1161

Minneapolis v. Herrick, 127 US 210, 8 S Ct 1176

Lepper v. Texas 139 US 462, 11 S Ct 577

Giozza v Tiernan, 148 US 657, 13 S Ct 721

Duncan v Missouri, 152 US 377, 14 S Ct 570
Pro Se litigants entitled to Fees:

Pro se litigants may be entitled to Attorney fees and costs under the Civil
Rights Attorney's Fee Award Act of 1976, 90 Stat. 2641, as amended 42 USC 1988 
U.S. Constitutional Issues:
The Fifth Amendment, provides in pertinent part that "nor be deprived of
life, liberty, or property, without due process of law..." Due process is
denied when a meaningful hearing is denied as in this cause. 

The Seventh Amendment, provides in pertinent part that "In suits at common
law, where the value in controversy shall exceed twenty dollars, the right
to trial by jury shall be preserved..." This language does not include a
single reference to "manipulation" of a jury by the Court in a conspiracy
with lawyers to design a verdict suitable to the Court through the use of
lawyer rules, judicial rules, court rules, or otherwise trumped-up legal
technicalities and instructions which effectively "handcuffs" the jury. All
of these activities are no more or less than a denial of the right to a jury
of peers with the constitutional authority to judge both the facts and law
in a case. 

The Thirteenth Amendment, provides in pertinent part that "Neither slavery
nor involuntary servitude, except as a punishment for crime....., shall
exist within the United States, or any place subject to their jurisdiction".
These judges through their private conduct in conspiracy with the lawyer
defendants, caused the Court to effectuate this Plaintiff to "Compulsory
Involuntary Servitude", an act punishable under Title 18 1584 as a criminal act. 

The Fourteenth Amendment Due Process Clause and Equal Protection clause
(Section 1), expressly declares no state shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property,
without due process of law..." 

The Fourteenth Amendment, Section 3, provides in pertinent part that "No
person shall hold any office, civil or military, under the United States or
under any State.....who, having previously taken an oath,....as an executive
or judicial officer of any State to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the same...."
USC 14th Ammendment (Deprived of the use of property)
Tracy v. Ginzberg 205 US 170, 27 S Ct. 461

Wagner v Leser, 239 US 207, 36 S Ct 66

Fuentes v. Shevin 407 US 67, 92 S Ct 1983

Leis v Flynt, 439 US 438, 99 S Ct 698, 11 Ohio Ops 3rd 302

Kent.Dept. of Corrections v. Thompson, 490 US 454, 109 S Ct 1904


What constitutes property protected under constitution?
Slaughter-House Cases, 16 Wall 36

Buchanan v Warley, 245 US 60, 38 S Ct 16

Liggett Co. v Baldridge, 278 US 105, 49 S Ct 57

Board of Regents v Roth, 408 US 564, 92 S Ct 2701


On Due Process Violation 5th and 14th
Butler v. Perry, 240 US 328, 36 S Ct 288

Brinkerhoff- Faris Trust v Hill, 281 US 673, 50 S Ct 451

Curry v. McCanless, 307 US 357, 59 S Ct 900

*Rochin v California, 342 US 165, 72 S Ct 25, Alr2d 1396

*Ivanho Irrig. Dist. v. McCracken, 357 US 275, 78 S CT 1174

*Bartkus v Illinois, 359 US 121, 79 S Ct 676

*Gault 387 US 1, 87 S Ct 1428

*Wolff v McDonnell, 418 US 539, 94 S Ct 2963

**Bordenkircher v. Hayes, 434 US 357, 98 S Ct 663 

**Rostker v. Goldberg, 453 US 57, 101 S Ct 2646

**States v. Goodwin 457 US 368, 102 S Ct 2485

**Colorado v. Connelly, 479 US 157, 107 S Ct 515

**DeShaney v. Winnebago, 489 US 189, 109 S Ct 998

**Collins v Harker, 112 S Ct. 1061
Jurisdiction of the case (Basic element of due process)
Powell v. Alabama, 287 US 45, 53 S Ct 55, 84 ALR 527

Sense of fairplay shocked is not due process (Congress Barred)
Galvan v Press, 347 US 522, 74 S Ct 737

Groban 352 US 330, 77 S Ct 510

Kinsella v United States, 361 US 234, 80 S Ct 297

Bodie v Conneticut, 401 US 371, 91 S Ct 780

Ross v Moffitt, 417 US 600, 94 S Ct 2437

United States v. Salerno, 481 US 739, 107 S Ct 2095

14th Ammendment is the due process denial right
Collins v. Harker 112 S Ct 1061

Hebert v Louisiana, 272 US 312, 47 S Ct 103

Georgia Power v Decatur, 281 US 505, 50 S Ct 369

Discrimination as Violation of Due Process (5th Ammendment)
Bowling v Sharpe, 347 US 497, 74 S Ct 693

Schneider v Rusk, 377 US 163, 84 S Ct 1187

Shipiro v Thompson 394 US 618, 89 S ct 1322

United States v Moreno, 413 US 528, 93 S Ct 2821

Johnson v Robinson 415 US 361, 94 S Ct 1160

Buckley v Valeo, 424 US 1, 96 S Ct 612

Mathews v De Castro, 429 US 181, 97 S Ct 431

Fullilove v Klutznick, 448 US 448, 100 S Ct 2758

Lyng v Castillo, 477 US 635, 106 S Ct 2727
Fourteenth Ammendment and 42 USCS 1983
Statutory requirement under color of law: Lugar v Edmondson Oil, 457 US 922, 102 S Ct 2744
Civil Rights Issues:
    A Continuance of Constitutional Issues

Title 42 USC 1983 provides in relevant part that: "every person who, under
color of any statute, ordinance, regulation, custom, or usage, of any
State....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. ..shall
be liable to the party injured...." 

A Title 42 1985 action which seeks compensatory and punitive damages in
conjunction with equitable relief as in this case is considered a legal
claim, entititling Plaintiff to a jury trial. See An-Ti v. Michigan
Technological Univ., 493 F. Supp. 1137.

Plaintiff alleges a "class based", invidiously discriminatory animus is
behind the conspirators' action as the Court records reflect. That the
actions were clearly a product of bias and prejudice of the Court. See
Griffen v. Breckridge, 403 U.S. 88, 102 (1971)

The U.S. Supreme Court acknowledged in Bray v. Alexandria Women's Health
Clinic 113 S.Ct.753 (1993) that the standard announced in Griffen was not
restricted to "race" discrimination. It is therefore reasonable to assume
that 1985 (3) may be used for "class-based" claims other than race which is
alleged in this case. 

The defendant lawyers acting in conspiracy with state actors under color of
law have become state actors in this case. The U.S. Supreme Court has ruled
that "private parties", lawyers in this case, may be held to the same
standard of "state actors" where the final and decisive act was carried out
in conspiracy with a state actor or state official. See Dennis v. Sparks,
449 U.S. 24, 101 S.Ct., 183 also See Adickes v. S.H. Kress & Co., 398 U.S.
144, 90 S.Ct. 1598. 

Plaintiff's Complaint is based in part on discrimination and political
affiliations by lawyers and lawyer-judges, under 42 USCA 1983 & 1985. See
reversal case Acevedo-Diaz v Aponte (1993, CA1 Puerto Rico) 1 F3d 62,
summary op at (CA1 Puerto Rico) 21 M.L.W. 3212, 14 R.I.L.W. 389.

Section 1985(3) under Title 42 reaches both conspiracies under color of law
and conspiracies effectuated through purely private conduct. In this case
Plaintiff has alleged a class-based, invidiously discriminatory animus is
behind the conspirators' action as the court records reflect. That
actionable cause is the treatment of a non-lawyer pro se litigant as a
distinct "class-based subject" of the Court, wherein denial of equal
protection of the laws and denial of due process was clearly the product of
bias and prejudice of the Court. See Griffen v. Breckenridge, 403 U.S. 88,
102 (1971). 

The U.S. Supreme Court acknowledged in Bray v. Alexandria Women's Health
Clinic 113 S.Ct. 753 (1993) that the standard announced in Griffen was not
restricted to "race" discrimination. It is therefore reasonable to assume
that 1985(3) may be used for "class-based" claims other than race as alleged
in this case. It is also important to note in Bray the U.S. Supreme Court's
interpretation of the requirement under 1985(3) that a private conspiracy be
one "for the purpose of depriving... any person or "class" of persons of the
equal protection of the laws, or of equal privileges and immunities under
the laws, which the Court said mandates "an intent to deprive persons of a
right guaranteed against private impairment. 

The U.S. Supreme Court in Griffen emphasized 1985(3) 
legislative history was directed to the prevention of deprivations which
shall attack the equality of rights of American citizens; that any violation
of the right, the animus and effect of which is to strike down the citizen,
to the end that he may not enjoy equality of rights as contrasted with his
and other citizens' rights, shall be within the scope of remedies... Id. at 100.

Supreme Court has ruled that "private parties" may be held to the same
standard of "state actors" in cases such as the instant cause where the
final and decisive act was carried out in conspiracy with a state official.
See Dennis v. Sparks, 449 U.S. 24, 101 S. Ct., 183 and Adickes v. S.H. Kress
& Co., 398 U.S. 144, 90 S. Ct. 1598.
Jurisdictional Issues:
It is proper for this District Court to take Jurisdiction of any civil
action authorized by law to be commenced by any person. See Title 28 Section
1343 (1)(2)(3)(4) . 

Jurisdiction is proper under Title 28 Sections 1332, 1335, 1357, 1441 and 1603. 

The First issue is "Convenience" and second issue is the "interest-of-
justice" standard under 28 USCA 1406. 

Dismissal Issues:

The Complaint should not be dismissed unless it appears to a certainty that
Plaintiffs would be entitled to no relief under any state of facts that
could be proved in support of the claims. See Gomez v Toledo (1980, US) 64 L
Ed 2d 572, 100 S Ct 1920.

The allegations of a Complaint prepared by a state prisoner acting pro se
are generally taken as true for purposes of motion to dismiss. See Hughes v
Rowe (1980, US) 66 L Ed 2d 163, 101 S Ct 173. 

RULE 60 

The final judgement of this Court should be vacated under Rule 60(B). The
Court is requested to weigh the interest in substantial justice against the
simple need for preserving finality of the judgement. See Expenditures
Unlimited Aquatic Enterprises, Inc. v. Smithsonian Institute, 1974, 500 F.2d.
808, 163 U.S. App.D.C.140. See also Brown v. Clark Equipment Co., D.C. Mc.
1982, 961 F.R.D. 166. 

Court -a judgement to dismiss because of some trumped up technicality giving
excuse to dismiss a non-lawyer pro se litigant's complaint with merit in a
lawyer dominated Court hearing. In support of Plaintiffs Motion to vacate
Judgement, the following cases are offered; Picking v. Pennsylvania Railway,
(151 F2d.240) Third Circuit Court of Appeals. 

The ruling of the court in this case held; "Where a plaintiff pleads pro se
in a suit for protection of civil rights, the court should endeavor to
construe the Plaintiff's pleading without regard to technicalities."
 In
Walter Process Equipment v. Food Machinery 382 U.S. 172 (1965) it was held
that in a "motion to dismiss", the material allegations of the complaint are
taken as admitted."
Rico Case Law:

The defendants constitute an illegal enterprise in acts or threat of acts in
violation of Civil Rico Federal Racketeering Act USC 18, 1961-1963 et seq.
The following are particular violations:
18 USC 241: Conspiracy against Rights of Citizens:

18 USC 3: Accessory after the fact, knowing that an offense has been
committed against the United States, relieves, receives, comforts or assists
the offender in order to hinder or prevent his apprehension, trial or punishment. 

18 USC 242: Deprivation of Rights color of law of rights protected under the
Constitution of the U.S.

18 USC 512: Tampering with a witness

18 USC 1341: Mail fraud

18 USC 1343: Wire fraud

18 USC 1503: Obstruction of justice

18 USC 1510: Obstructing of criminal investigation

18 USC 1513: Retaliating against a witness, victim or informant

18 USC 1951: Interference with interstate commerce 

18 USC 1621: Perjury

18 USC 1001: Fraud

Continued statute of limitation in ongoing activity (conspiracy) (bankruptcy fraud)
============================================================================
TOPIC: Judicial Notice: definition
==============================================================================
Judicial Notice is discretionary. With Judicial Cognizance, the judge is BOUND to act:
See Black's Law, 6th Ed, pg 847


Judicial cognizance. Judicial notice or knowledge upon which a judge is
bound to act without having it proved in evidence.

Judicial notice. (pg. 849) The act by which a court, in conducting a trial,
or framing its decision, will, of its own motion or on request of a party,
and without the production of evidence, recognize the existence and truth of
certain facts, having a bearing on the controversy at bar, ....
============================================================================
TOPIC: Reasons to Vacate Void Judgments - Lack of Jurisdiction
=============================================================================
Reasons to Vacate Void Judgments - Lack of Jurisdiction

(http://www.amatterofjustice.org/amoj/ library/0008reas ons.htm)
(http://www.amattero fjustice. org/amoj/ cases/d046469. pdf)

January 2, 2004 Void Judgments Understanding Void Judgments

Definition of Void Judgment: any judgment which a court renders while lacking jurisdiction, either of the subject matter or the parties. 
* Wahl v. Round Valley Bank 38 Ariz , 411, 300 P. 955(1931), 
* Tube City Mining & Millng Co. v. Otterson, 16 Ariz. 305, 146p 203(1914); and 
* Millken v. Meyer, 311 U.S. 457, 61 S. CT. 339,85 L. Ed. 2d 278 (1940). 
Subject matter jurisdiction can never be presumed, waived, or constructed,
even by mutual consent of the parties, and it has two parts:
(1) the statutory or common law authority for the court to hear the case, and 

(2) the appearance and testimony of a competent fact witness - in other
words, sufficiency of pleadings.

When we examine a judgment, the following indices tell us whether a court
had subject matter jurisdiction. Successful litigants will know each and
every one of them by heart. Subject matter jurisdiction usually fails
because of one of these reasons: 
(1) No petition in the record of the case, Brown v. VanKeuren,
340 Ill. 118,122 (1930). 

(2) Defective petition filed, Same case as above. 

(3) Fraud committed in the procurement of jurisdiction, Fredman
Brothers Furniture v. Dept. of Revenue, 109 Ill. 2d 202, 486 N.E. 2d
893(1985) 

(4) Fraud upon the court, In re Village of Willowbrook, 37 Ill,
App. 3d 393(1962) 

(5) Judge does not follow statutory procedure, Armstrong v.
Obucino, 300 Ill 140, 143 (1921) 

(6) Unlawful activity of a judge, Code of Judicial Conduct. 

(7) Violation of due process, Johnson v. Zerbst, 304 U.S. 458,
58 S.Ct. 1019(193 ; Pure Oil Co. v. City of Northlake , 10 Ill.2d 241, 245,
140 N.E. 2d 289 (1956); Hallberg v Goldblatt Bros., 363 Ill 25 (1936), ( If
the court exceeded it's statutory authority. Rosenstiel v. Rosenstiel, 278
F. Supp. 794 (S.D.N.Y. 1967) 

(8) One or more actions violated 11 U.S.C. 362(a), in re
Garcia, 109 B.R. 335 (N.D> Illinois, 1989). 

(9) No proper pleadings presented a justiciable issue to the
court, Ligon v. Williams, 264 Ill. App 3d 701, 637 N.E. 2d 633 (1st Dist.
1994) 

(10) A complaint states no cognizable cause of action against that
party, Charles v. Gore, 248 Ill App. 3d 441, 618 N.E. 2d 554 (1st. Dist.
1993) 

(11) A person/law firm prohibited by law to practice law in that
jurisdiction represented a litigant before the court. 

(12) The judge engaged in bribery (the Alemann cases, Bracey v
Warden , U.S. Supreme Court No. 96-6133(June 9, 1997) 

(13) No one properly issued a summons. 

(14) No one made service of process pursuant to statute and Supreme
Courth Rules, Janove v. Bacon, 6 Ill. 2d 245, 249, 218 N.E. 2d 706, 708
(1953) 

(15) Someone did not comply with the rules of the Circuit court. 

(16) Someone did not comply with the local rules of the special
court (one where the judge does not act impartially, Bracey v. Warden, U.S.
Supreme Court No. 96-6133(June 9, 1997) 

(17) The statute is vague, People v. Williams, 638 N.E. 2d 207 (1st
Dist. (1994) 

(18) The movant did not give proper notice to all parties, Wilson v.
Moore, 13 Ill. App. 3d 632, 301 N.E. 2d 39 (1st Dist. (1973) 

(19) A judge based an order/judgment on a void order/judgment,
Austin v. Smith, 312 F 2d 337, 343(1962);English v. English, 72 Ill. App. 3d
736, 393 N.E. 2d 18 (1st Dist. 1979) or 

(20) Someone violated the public policy of the State of Illinois,
Martin-Tregona v Roderick, 29 Ill. App. 3d 553, 331 N.E. 2d 100 (1st Dist.
1975) 

(21) A judge does not validly hold office because of the absence of
or a defect in one or more of the following: 
a. qualification as a candidate (typically include American
citizenship, bar membership, registered voter status, a number of years of
service as an attorney, filing of a financial statement that shows
compliance with law, not serving in any other branch of government), 

b. appointment or election to office (illegal campaign contributions or
other illegal financial entanglements can disqualify),

c. acceptance of appointment or elected position (some never bother to
accept the appointment or elected position), 

d. one or more loyalty oaths associated with qualification and service
(a typical judge must swear the following loyalty oaths, evidenced by the
signature of a person duly authorized to take acknowledgements):
i. Elector's (voter registration) loyalty oath

ii. Bar member's oath

iii. Pre-appointment/election candidate's loyalty oath

iv. Candidate's oath

v. Public Officer's or Judge's loyalty oath

vi. Public employee's loyalty oath.
About Loyalty Oaths and Appointments
Many public employees have serious defects in their oath and appointment
documents, and many do not have those documents on record as required by
law. The wise litigant will obtain certified copies of all such documents
for all officers of the court (judges, clerk, prosecutors or opposing
counsel, and bailiffs), and move for the disqualification of any and all for
whom valid oath and appointment documents do not exist.

The judge validly holds office if and only if a copy of the judge's oath of
office exists, and you can rightly demand that the proper final oath sworn
or affirmed upon taking office situates in the judge's chambers. You can go
to his office and demand to see a copy of his oath of office at any time. 

The federal laws covering judges and other public officials are to be found
at 5 U.S.C. 3331, 28 U.S.C. 543, and 5 U.S.C. 1983. States typically have
similar laws. A judge trespasses upon the court unless he complies with all
of the provisions of relevant law. Once a proven trespasser upon the court
(upon the law) not one of his judgments, pronouncements or orders have
validity. All constitute nullities and have void status. 

Upon discovering such a trespass, you will face serious difficulty getting
the trespasser removed from office, and the fact that so many litigants give
up in the process explains why so many criminal trespassers still function
in public office.
============================================================================
TOPIC: Powe v. US: what does "citizen" mean?
============================================================================
Powe v. United States, 5 Cir., 1940, 109 F.2d 147, certiorari denied, 309 U.S. 679, 60 S.Ct. 717 

I finally found it. It's quoted a bit different than the opinion quoted:
In Powe v. U.S. 109 F2d 147, 149 (1940) the court determined the term
`citizen,' when used in federal laws, excludes State citizens.

The court was specifically speaking about 18 U.S.C.A §51 in its
deleiniation of citizens, however, that does not mean it does not apply to
other stautory areas.

Interesting note: Appeals from the District Court of the United States

Proper quotes below:
"In its construction [18 U.S.C.A. § 51] it is proper to apply the rule that
criminal laws are to be construed strictly, and to bear in mind that other
rule that a construction is to be avoided, if possible, that would render
the law unconstitutional, or raise grave doubts thereabout. In view of these
rules it is held that "citizen" means "citizen of the United States", and
not person generally, nor citizen of a State; and that the "rights and
privileges secured by the Constitution or laws of the United States" means
those specially and validly secured thereby. Thus limited, this section has
been enforced as constitutional. " POWE v. UNITED STATES, 109 F.2d 147 (5th
Cir. 1940)


OR


"In its construction [18 U.S.C.A. &Sect; 51] it is proper to apply the rule that
criminal laws are to be construed strictly, .... In view of these rules it
is held that "citizen" means "citizen of the United States", and not person
generally, nor citizen of a State; and that the "rights and privileges
secured by the Constitution or laws of the United States" means those
specially and validly secured thereby. Thus limited, this section has been
enforced as constitutional. " POWE v. UNITED STATES, 109 F.2d 147 (5th Cir.
1940)


OR taken out of context (perhaps)


"... it is held that "citizen" means "citizen of the United States", and not
person generally, nor citizen of a State; ... POWE v. UNITED STATES, 109
F.2d 147 (5th Cir. 1940)
United States 5th Circuit Court of Appeals Reports
POWE v. UNITED STATES, 109 F.2d 147 (5th Cir. 1940)

POWE et al. v. UNITED STATES.

No. 9130.

Circuit Court of Appeals, Fifth Circuit.

January 17, 1940.
Page 148 Appeals from the District Court of the United States for the
Southern District of Alabama; John McDuffie, Judge. Sam B. Powe and
others were convicted for conspiring to injure, oppress, threaten and
intimidate a named citizen of the United States in the free exercise of his
right and privilege as such 
citizen to speak and publish his views in certain newspapers, and they
appeal. Reversed and remanded with direction. Harry T. Smith, D.R.
Coley, Jr., and George A. Sossaman, all of Mobile, Ala., for appellants.
Francis H. Inge, U.S. Atty., of Mobile, Ala., for appellee. Before
SIBLEY, HUTCHESON, and McCORD, Circuit Judges. SIBLEY, Circuit Judge.
The five appellants were indicted (with another who was acquitted) for
conspiring to injure, oppress, threaten and intimidate a named citizen of
the United States in the free exercise of his right and privilege as such
citizen to speak and publish his views in certain newspapers. Their several
demurrers were overruled and appellants Page 149 were convicted and
sentenced. Of the numerous rulings
asserted to be error on this appeal we need consider only the judgment
upon the demurrers. The grounds of demurrer to each count include
these: That no crime against the United States is charged; that the right
of free speech and free press is not secured by the Constitution and laws
of the United States against infraction by individuals, but only by federal
or State action; and that the counts are too vague. The eight counts are
varying statements of the same conspiracy. Some of them say the conspiracy
was to prevent future publications; others to oppress and injure because of
past publications. Some counts state the nature of the publications, and
the means to be used to oppress the writer; others fail so to state, baldly
alleging in the words of the statute a conspiracy to injure and oppress the
citizen of the United States in the exercise of or for having exercised his
privilege of free speech and free press. One of the fullest statements is the
second count, which charges that the conspiracy was to injure and oppress
the executive editor of the Mobile Register and the Mobile Press,
newspapers published in Mobile, Alabama, he being a citizen of the United
States, in his exercise of his right and privilege secured to him by the
Constitution and laws of the United States, to write and print in said
newspapers his editorials exposing and condemning various forms of illegal
gambling and illegal lotteries in Mobile County, Alabama, and calling upon
the officials of the City of Mobile and County of Mobile, charged with the
suppression thereof, to take action to suppress the same and to punish the
offenders; the plan being to procure a photograph of the editor in a lewd
or obscene act and to use the same in threatening to show the photograph,
and in threatening
to use it as evidence in prosecuting the editor, and thus to stop his
publications; numerous overt acts to carry out the plan being alleged. Do
these facts make an offense against the United States? The statute
relied on in support of the indictment originated as Section 6 of the Act
of May 31, 1870, 16 Stat. 141 , entitled "An Act of enforce the Right of
Citizens of the United States to vote in the several States of this Union,
and for other Purposes." It appeared in the Revised Statutes with some
alteration as Section 5508; was carried without change into the Criminal
Code as Section 19; and now appears as Section 51 of Title 18 of the United
States Code, 18 U.S.C.A. § 51. The applicable language is: "If two or more
persons conspire to injure, oppress, threaten, or intimidate any citizen in
the free exercise or enjoyment of any right or privilege secured to him by
the Constitution or laws of the United States, or because of his having so exercised
the same * * * they shall be fined not more than $5,000 and imprisoned not
more than ten years, and shall, moreover, be thereafter ineligible to any
office, or place of honor, profit, or trust created by the Constitution or
laws of the United States." Some of the Sections of the Enforcement Act of
1870 were repealed in 1909, but Section 6, as then reenacted, stands good
for whatever it properly covers. United States v. Moseley, 238 U.S. 383, 35
S.Ct. 904, 59 L.Ed. 1355. In its construction it is proper to apply the
rule that criminal laws are to be construed strictly, and to bear in mind
that other rule that a construction is to be avoided, if possible, that
would render the law unconstitutional, or raise grave doubts thereabout. In
view of these rules it is held that "citizen" means "citizen of the United
States", and not person generally, nor citizen of a
State; and that the "rights and privileges secured by the Constitution or
laws of the United States" means those specially and validly secured
thereby. Thus limited, this section has been enforced as constitutional. Ex
parte Yarbrough, 110 U.S. 651, 4 S.Ct. 152, 28 L.Ed. 274; United States v.
Waddell, 112 U.S. 76, 5 S.Ct. 35, 28 L.Ed. 673; Logan v. United States, 144
U.S. 263, 12 S.Ct. 617, 36 L.Ed. 429; United States v. Moseley, supra. In
the Yarbrough case the right involved was that to vote in a Congressional
election, as it was in the Moseley case; in the Waddell case it was the
right to make a federal homestead entry; and in the Logan case it was the
right to be secure from
lawless violence while a prisoner in the hands of a United States Marshal.
These matters, all within the federal power, Congress could protect under
the general authority to pass "all necessary and proper laws", under
U.S.C.A. Constitution, Art. 1, Sect. 8, Par. 18. But Section 5519 of the
Revised Statutes, which undertook similarly to punish conspiracies against
any person to deprive him of the equal protection of the laws, or Page 150
to prevent State authorities from affording such protection, was held
unconstitutional, because neither the Fourteenth Amendment nor any other
part of the Constitution put the matter of conspiracies by individuals
touching such matters within the power of Congress, but only gave power to
correct wrong action by the State or its officers. It was so held in United
States v. Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290, where the person
mobbed was in the custody of a State Sheriff; and in Baldwin v. Franks, 120
U.S. 678, 7 S.Ct. 656, 763, 30 L.Ed. 766, where the rights of a Chinese
under a treaty of the United States were involved. It was again held that
the power of Congress was not extended to protect against violations by
individuals of the general rights of persons and citizens by the mention of
such rights in the Fourteenth Amendment, U.S.C.A., in the Civil Rights
Cases, 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835. The reasoning of these cases,
though opposed by some dissents, is full and convincing, and the conclusion
reached as to the effect upon federal power of the Fourteenth Amendment has
stood for more than two generations. Pursuing further the application
of the statute now
before us, in Baldwin v. Franks, supra, it was held the word "citizen"
means citizen of the United States in a political sense, and did not
include a resident Chinese. Again in Hodges v. United States, 203 U.S. 1,
27 S.Ct. 6, 51 L.Ed. 65, the section was invoked against conspirators who
were charged with interfering with citizens in their right or liberty of
contracting to work in a lawful occupation, but the court held that this
was a common right of all persons, and the Fourteenth Amendment did not put
it under federal protection except against State action; and the fact that
the persons there involved were negroes did not bring the matter within the
special ambit of the Thirteenth Amendment. Similarly in United States v.
Wheeler, 254 U.S. 281, 41 S.Ct. 133, 65 L.Ed. 270,
the right invaded by the conspirators was the citizen's right to remain in
the State of his choice, and to remove only at his own will. The Court
conceded the right to be fundamental and to belong to the citizens of each
State, and to be guarded in part against State interference by Art. 4,
Sect. 2 of the Constitution, but held that no federal offense was involved
in an abduction done by individual conspirators. The only case cited to us
in which a conspiracy against the right of freedom of speech was involved
is United States v. Hall, in the Circuit Court of Alabama, 26 Fed.Cas. 79,
No. 15,282. Justice Woods there upheld the indictment, but this was in
1871, before the decision of any of the above cited cases in the Supreme
Court, and it is not reconcilable with his own opinion in United States v.
Harris, 106 U.S. 629, 1 S.Ct. 601, 27 L.Ed. 290. We are
controlled by the above cited decisions of the Supreme Court. That the
right of free speech and a free press, understood with the limitations to
prevent abuses which the law has always annexed to these freedoms, is
fundamental to the continuance of free political institutions, and is the
right both of citizens and other persons in the United States and the
several States needs no reassertion. The ground has been covered recently
and the right vindicated as against State action by federal power by
virtue of the Fourteenth Amendment, in such cases as Grosjean v. American
Press Co., 297 U.S. 233, 56 S.Ct. 444, 80 L.Ed. 660; De Jonge v. Oregon,
299 U.S. 353, 57 S.Ct. 255, 81 L. Ed. 278; Herndon v. Lowry, 301 U.S. 242,
57 S.Ct. 732, 81
L.Ed. 1066; Lovell v. Griffin, 303 U.S. 444, 58 S.Ct. 666, 82 L.Ed. 949;
Schneider v. State of New Jersey (Town of Irvington), 60 S.Ct. 146, 84
L.Ed. ___; Frank Hague v. Committee for Industrial Organization, 307 U.S.
496, 59 S.Ct. 954, 83 L.Ed. 1423. But this effect of the Fourteenth
Amendment on State action, as has been shown, is not enough to bring
conspiracies of individuals within the punitive power of Congress under the
section we are discussing. Nor can the special mention of freedom of speech
and press in the First Amendment have that effect. The provision there is
"Congress shall make no law * * * abridging the freedom of speech, or of
the press." That the first ten amendments were intended as limitations on the
power of the federal government and are not grants of power to it has been
established from the beginning. A flat prohibition against the regulation
of a matter in one direction cannot result in endowing Congress with power
to regulate it in another direction. This amendment, while regarding
freedom in religion, in speaking and printing, and in assembling and
petitioning the government for redress of Page 151 grievances as
fundamental and precious to all, seeks only to forbid that Congress should
meddle therein. If Congress can make any law in behalf of these it is
because of some power elsewhere expressly granted, or because it is a law
necessary and proper to carry out such power. We are familiar with federal
laws touching on freedom of speech and press such as the Espionage Law of
1917, 40 Stats. 217 , which rested on the war power of Congress and the
general implied power to maintain the safety of
the Government. See Frohwerk v. United States, 249 U.S. 204, 39 S.Ct. 249,
63 L.Ed. 561; Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed.
470. And we do not doubt that Congress may directly protect its citizens in
their right to assemble peaceably and petition the federal government for
redress, just as it may protect persons from unlawful violence while in
federal custody, under what are called the implied powers of Congress.
Federal elections might probably be directly protected by Congress
although no question of race, color, or previous condition of servitude
under the Fifteenth Amendment be present. But in the cases supposed
Congress would interfere directly only because of the necessity to maintain
a federal right in its integrity. Because the federal
government is a republican one in which the will of the people ought to
prevail, and because that will ought to be expressive of an informed public
opinion, the freedom of speaking and printing on subjects relating to that
government, its elections, its laws, its operations and its officers is
vital to it. Assuming that for this reason Congress, if it finds it
necessary, can legislate to maintain such freedom in that field, it does
not follow that Congress can legislate generally to preserve such freedom
in discussing religious affairs, or social or artistic matters, or matters
of purely State concern. Again, by Art. 4, Sect. 4, of the Constitution the
United States shall guarantee to every State a republican form of
government. Should a tyranny be set up in a State accompanied by a
suppression of free speech and press, conceivably the Congress might be
called on, temporarily in the execution of this guaranty, to pass a law
securing against individual
violence free speech in such State; but the section before us is not such
a law. The dividing line between the powers of the State and federal
governments in preserving these great general rights of persons, and the
difference between the rights and privileges of a citizen of the State and
of the United States, was clearly recognized in United States v.
Cruikshank, 92 U.S. 542, 552, 23 L.Ed. 588, when the section under
discussion first came before the Supreme Court. It was there stated that
the right of assembly to petition Congress would be "an attribute of
national citizenship, and, as such, under the protection of, and guaranteed
by, the United States", and "if it had been alleged * * * that the object
of the defendants was to prevent a meeting for such a purpose, the case
would have been within the statute, and within the scope of the sovereignty of the
United States." But since the indictment only alleged generally that the
meeting was "for a lawful purpose", no crime was charged, because the
protection of the right of assembly in general was in the power of the
State. The other counts alleged conspiracies generally to deprive of the
equal protection of the law, and of life and liberty without due process
of law, and the Fourteenth Amendment was held not to extend federal power
as to those matters beyond the controlling of State action. On the
authority of the Cruikshank case the counts in the present indictment,
which do not disclose what the speaking and printing conspired against
related to, charge no offense, because the right to freely speak and print
about matters in general is not "secured by the Constitution and laws of
the United States." The other counts which state the speaking and printing
related wholly to matters with which the City and County of Mobile were
concerned, and with which the
United States had no concern, expressly disclose the matter to have been
beyond the authority of Congress, and not a right or privilege protected
by the section. The demurrers to the indictment ought therefore to have
been sustained. The judgment is reversed, the conviction set aside, and the
cause remanded with direction to sustain the demurrers. Page 152 Page 178

A special thanks to Bob Hurt of the (Lawmen group) for compiling above information. 

Truly, sincerely, and without prejudice,
Bob Hurt, All Rights Reserved
2460 Persian Drive #70 * Clearwater, Florida 33763 * USA
+1 (727) 669-5511 * bob@bobhurt.com
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Pro Se Info.

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Foreign Sovereign Immunity
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