In THE UNITED STATES SUPREME COURT

1 first st SE Washington DC 20543

Docket no__________not yet provided

Dated 8/3/07

A WRIT OF CERTIORARI Joined, to the original jurisdiction filing 7/31/07 in the supreme court of the United States, Not yet given a docket number

case: JAMES FRANK OSTERBUR

VS

THE UNITED STATES OF AMERICA

THE STATE OF ILLINOIS

purpose and cause: a primary declaration devoted to the first amendment LEGAL RIGHT, ...."to petition the government for a redress of grievances"

a matter of law, not opinion or question by the judge/ but an immune declaration of the constitution of the USA, called the first amendment.

To this court; and for this cause, the reality of your appellate court, 7th circuit Chicago IL is accused of professional misconduct/ and fundamental treason to the people of the state of IL/ and to the people of this nation. Because they have "spit upon the first amendment/ the law/ and due process, or in fact HONEST PROCESS"/ this legal action becomes described by/ therefrom joined to, the above case/ now in progress in your court. As appeal #07-2299 from the US court of appeals 7th circuit Chicago IL.

In brief: The appeals court changed the litigants of trial 07-2040 from the central district federal court/ and refused to obey the law, and not tamper with the evidence presented.

The appeals court "wormed in AND ATE the substance out of trial 07-
2040"; thereby criminally corrupting the case and changing it from the legal, respectful, peaceful obligation and duty as a citizen to protect society; as presented to the court: that this is the law, and I have a legal guaranteed right to a trial of accountability for the sake of the nation ! The appellate court thereby highjacks and steals my legal right to trial: NOT ONE WORD of law/ merely the undeniable transition from the validity of evidence and law; to the organized subterfuge of criminal harassment. The federal court first judge attempted to remove this case with the law/ as it is his right and obligation to test and prove its validity and right to trial; but having failed, the chief justice of the federal court in effect says "to hell with the law/ throw him out".

The appellate court having wormed in, and corrupted the evidence/ has now refused to file documentation and legal argument in connection with this case. Proving only disrespect for me/ for the law/ and for the people; the opportunity to have my say in a courtroom of law HAS BEEN grievously attacked and forced into your courtroom. Without legal argument allowed/ without the protection of the law/ this appellate court now invites me to return to federal court, without the law, under their personally declared terms for punishment. Proving simply, that not only the law is broken/ the courtroom of the USA is used for the criminal purpose and fraudulent intent of a color of law. Wrapped in their black gowns, they have conceived of entrapment: they clearly believe they are the law/ and the words of law, the respect for the people of this nation, and my life are unimportant to them. This is gross contempt/ and constitutes a breach of every ethical practice of law known to humanity.

The state court merely runs away and hides from the law.

The assets of the United States are at risk/ the realities of the state of IL are at risk of entering chaos, because of their bankruptcy; the courtroom of America is in rebellion: and the question before the United States Supreme Court is: WHAT ARE YOU GOING TO DO ABOUT IT?

The appellate court document/ the proof of service within the appellate court/ the proof of service to this court; and the filing in both the appellate court and the supreme court are explained in detail. The appellate court only exists for the tax question at this moment in time/ and the exhibit of evidence for both the stated trials/ in one. Both will proceed with the same filing/ but different proofs/ on this date. There are no excuses for procedure/ this is about law, justice, guaranteed rights, and the fundamentals that contribute to peace in society/ or its disintegration into violence by betrayal of that society, and its citizens. Your decision comes next.

Forty copies are sent to the supreme court of this trial/ as this is a separate but joined trial to the first, by evidence and by the litigants and by the purpose of law. But an additional $300 docket fee is not sent/ as both matters are joined in such detail and with such efficiency, that they are one in the same; but with different verdicts, and different effects.

The original jurisdiction trial is strictly about law/ and whose right is it to declare the immunities and legal obligations of the first amendment. Argument acknowledges the reality of the supreme court in its obligation to uphold the law/ BUT the first amendment is an absolute guarantee by the nation to its people, and immune from any judicial interference. That constitutional law and guarantee, being sovereign to the nation itself; thereby it cannot be held, that the court has any absolute right to interpret; but must adhere to the people as well/ a mutual respect.

This writ of certiorari is about the damages and disgrace and disrespect of a court that believes itself immune from consequences/ and has slipped into disrepute, becoming a treason before the people! How else can those who tamper with the evidence/ change the litigants/ and tempt the citizen with a thinly veiled excuse to use the law "regurgitated" to potentially attack and penalize a citizen who comes in peace, law, and with respect for the nation.

Make your decision/ and establish "your justice".

UNITED STATES COURT OF APPEALS

For the 7th circuit, Chicago, IL

dated: 8/ 3 /07

case#07-2299

James F. Osterbur Vs USA/ STATE OF IL/ IRS

In response to:	Your critical and absolute failure for justice, the rights of law, and the balance between a court and its citizenry. As documented by this court, and its clerk throughout trial, even though warned of the law.

There will be no further games played! You will instead prove the purpose of your intent to subvert justice and not file this response to KGGREGORY and her motion of July 9, 07. Returned to me, and received August 1, 07. YOU, will Prove with substance and with color/ why this filing is insufficient in the eyes of the court; prove it is fundamentally wrong from the hands of a pro se litigant, and critically inferior in its ways to "get the job done/ and establish justice by the law. Where is your law? This is not law, and rules that discredit the court are not procedural; they are the effect of a dual citizenship; whereby certain members are heard/ while the majority are cast adrift, intentionally sacrificed as unworthy of justice or law; unless "these upper class devils" deem it to their advantage. In reality a treason, to WE THE PEOPLE/ a diligently crafted consumption of democracy, whereby a simple opinion becomes law/ and justice becomes a disgrace. These things are not order/ they do not form a defense for liberty, they do not respect freedom or right, they are not fundamental or fair: they deviate from due process, and conceive only of prejudice and the partitioning of society into "those who get justice/ and those called worthless; the first part of hate". Where is your right to establish a blockade with such pitiful vomit. If a child can understand, THEN the court must understand, and there is no excuse. A child can understand; do you not then sacrifice the child, and expose the traitor/ when it is clear, that law is not intended by this court to protect anyone, but merely mocks society itself.

You as a court, have chosen to harass, by playing games with the due process of an American citizen; if that were not so/ you would not have returned these documents to me unfiled for a second time without justification. You are a rebellious court/ a fictitious courtroom of liars and fools. This is now a mock trial, and you have made your decision in this case. Clearly and surely and without compromise/ you have discarded the law/ you have chosen to discard and defecate on the truth of this legitimate and real trial. You have spit upon and rebelled against the first amendment/ and you are worthless as a courtroom of law. That is your judgment, in this case/ and the reality of justice moves from this courtroom unto its final destination the United States Supreme Court. YOU have clearly pronounced judgment upon this case by declaring the motion for summary affirmance stands: making this case a simple tax trial, and nothing more. Thereby removing the law/ and subjecting the reality of any trial to nothing more than apathy and injustice; you have no right! By removing the filing created by me for worthless trash, and dedicating your response to an escalation of innuendo without a shred of dignity, respect, or value/ merely the work of fools or mafia (organized crime). It has become merely hearsay, that you are a courtroom of law. You are not! By forcible entry, without a shred of honor/ you have forged an intent to create false pretenses out of this lawsuit, and its appeal; changing what you do not like/ to whatever you desire it to be. That is a criminal act, and fundamentally becomes larceny, as you are attempting to steal my right to a courtroom/ you are in fact attempting to arrest my desire to understand the law required by the 1st amendment upon the court; by remaining silent/ and using subversion to imprison my right and the law which you must observe/ because it is sovereign over the courtroom/ and it is immune from tampering by any judge. Your intent to execute a take over of this case is defeated/ because you have indeed passed judgment over this case in the matter described by KGGREGORY; allowing it to become simply "an excuse/ to play: embezzling these entitlements as guaranteed by the Constitution of America itself. You are a fraudulent court. You have withheld true due process of law/ you have taken documentary evidence in a courtroom of law; and thrown it in the trash. Because the law is discounted by you/ the rights of a citizen are blatantly and with prejudice dishonored and disclaimed by you/ the Constitution of the USA is shown to be nothing more than a toy, to you. The degree of your crime in this matter is sufficient to declare you a criminal; because it is my rights as a citizen of these United States that you are stealing/ a right inestimable by me in value/ as the law is substantially the foundation of this and every nation in the world. And you have proven an intent to harm or even destroy it for me. Acting with impunity, as "little gods"/ of which you are not. But clearly proving without doubt or cause for even a discussion: that any immunity beyond "good behavior" as is clearly assigned in the constitution is a disaster for the nation/ and must be stopped. Good behavior, seeks justice, for all! I have come for the law, for justice from the law/ for the immunity and sovereignty of the law over all the people, including me and you. And you have disgraced it with everything you do! Is that not treason, to attack the foundations of life in society/ and do it harm? Is not the entire justice system culpable in the same statement; because through state and federal court, the acceptance of the first amendment to the constitution as written/ has received only a dedicated determined defalcation, of the value of the document/ defaming the whole, and undermining the legitimacy of the entire judiciary; all because you don't want to follow the law.

As you have requested/ so shall it be; you are removed from this trial apart from an initial determination of tax burdens. But you will prove what I owe, when I must do your job, of protecting the people; even when it is not "a pleasant or happy thing to do". You have failed/ you have asserted: nothing but the tax question will be decided here/ and so be it; you are removed. The clerk of the court is hereby accused of acting with the criminal intent to rob me of my right and duty to enter the courtroom of the appellate court: a fact that is concentrated with deceit, due to the understanding and reality of clear and certain warnings being given. The judiciary applying battery with the certainty and clear intent to rewrite and rename MY appeal, to this court/ and fundamentally change the litigants, change the focus and scope of trial/ discard the law, upon which I am ENTITLED TO DEPEND/ and allowing the attempted suffocation of the proceedings by direct command or discreet command by using the clerk, to do the deed for them. The assumption of this appellate court is they are above the law; as is clearly and definitively established in a prior case (look it up) that I brought before this court a few years ago. The judges of the appellate court 7th circuit/ therein made up a religious excuse completely devoid of reality/ as there was not one word of religion involved/ remade the case into "a debate about Christmas ornaments on a courthouse yard" of which there was NO evidence of religion, Christmas, public property, or anything else associated with their excuse: and thereby trashed that trial/ with fraud! Not today! Today I am here for more than evidence or practice; today I am here for the rights granted to me as a citizen of these United States; and in particular, I am here for the first amendment right to petition my government in a legal forum in a courtroom of law/ and obtain an accounting to detail and define the corruption and deadly threats that those in government have assaulted us all, and even the world with. To stand, and assault, to criminally breach your oath; to alienate the constitution from your work; and to aggregate the weight of this evidence as is clearly in view: constitutes an abuse of process, an abortion of rights, an abandonment of law, and a kidnaping of the legal rights of my citizenship. For we are all somewhat indebted to our particular country; and you spew violence upon that duty. The misfeasance of the clerk, is also under your supervision/ and cannot exist without your admission to the fact. The mistrial and manipulation of bigots in the courtroom, a demand for removal of these judges/ and this clerk: pending a criminal investigation of their actions on behalf of the nation and this courtroom/ over the past 7 years or whatever the statute of limitations should be. The nation deserves, those who have honor/ and with respect, will sit on the bench in support of the law, justice, and fair play. ANYTHING LESS, is criminal fraud in the courtroom of the USA. Any call for "immunity of a judge/ SIMPLY THE MUTILATION OF JUSTICE IN AMERICA! There is no such thing; either a judge works and does his or her duty "within good behavior"/ or they break the law, and are subject to the penalties of law; BALANCED within the reality of their truth. That is justice/ that is constitutional intent and is clearly written in article 3: that brings freedom, and that is critically in support of the democracy called WE THE PEOPLE. Justice is justice/ the lack of justice, nothing less than treason in the court; the expectation of immunity for anything but good behaviors in a courtroom of law/ a criminal beginning and aspiration. We the people depend on the law, and we deserve it to be an asset, and a forum for the purposes granted to us by the constitution; as stated/ as declared for the nation/ as is fundamental to its preamble and the demand to "...form a more perfect union.......and establish liberty to ourselves and our posterity...." etc. There is no place to hide: either you do what the constitution warrants and demands; or the judicial system of America, is held in contempt

The law of "This trial" is now a supreme court trial, and it will not be returned to those who have no law. The irreparable injury of a court without equity or justice or respect, means either the supreme court must side with you/ or with me, as to criminal injury. The constitutional demand of the first amendment, cannot be avoided/ it can only be subverted by those who will be called "TRAITOR". You have a duty to assign critical truth, to the issue of whether withholding tax for the sake of national and state realities joined into a trial of accountability required for the sake of WE THE PEOPLE. I suggest you take it seriously, and try to find something honorable. Perhaps it will help you, in your hour of need.

I am returning the very same filing to the appellate court, unchanged! And telling you the clerk and this court, that they papers are now evidence, and must be filed as they are. They are evidence in the supreme court case just filed, and as yet without its docket number. But they are evidence of corruption the same, and are listed and used in this supreme court case/ and you are warned, that tampering with the evidence in a criminal case, is NOT a good idea. You stand accused of attempting to rob me, of my trial: by altering the facts of trial; discarding the law, and the litigation presented, and therein due process of law; and fundamentally attempting to destroy my right to a verdict under the law presented: called the first amendment. This July 13/ 07 filing, exhibit a/ and its (in response to) letter to the court dated July 19/ 07 exhibit b (both the clerk and the court are fully aware the July 13 filing is not a motion, as pretended by the clerk; thereby harassment only, a game of deceit, and the intent to steal my right to trial, and a verdict based upon the federal and state trials presented); is evidence of these facts/ and to preclude them from their basis in fact, is to tamper with the evidence and be criminally negligent of the law, and your duties. The refusal to file a trial document is anarchy/ an attempt to burn the evidence of truth, and apply rebellion through the opinion of a small group of individuals who declare themselves to be the law itself. Guilty by proclamation; the intent to ransom and rape in the federal court, hidden from view: the clerks suggestion "to refile a petition for rehearing" in the lower court. Without honor/ without the honesty applied by truth, comes the foundations of hate; wherein those who believe they are gods/ and above the law, apply "power to the problem"/ and whatever hate can add. Recusation has begun/ a hostile court to the law is a disgrace to the nation/ and the "corporate board" of the US supreme court is called upon to establish WE THE PEOPLE/ or prove they are "not, innocent of these things". By removing the law/ altering the foundations of trial presented/ and asserting "just come on back now": the reality and evidence are clear/ an organized crime is in progress, with the intent not only to steal my guaranteed rights to constitutional protection and the immunities of the first amendment/ the demands of the "whistle-blower act" which demands of the court that they shall investigate corruption or significant charges of corruption, by trial. They have clearly intended to do me financial or penal harm with this act of defiance to the law. A criminal intent, purpose, and act. The material alteration of facts and their intent to change my rights, and revoke my own legal descriptions of the facts with their own/ is not only a breach of duty by the court and its clerk/ it is a breach of promise/ a breach of covenant with the people/ a breach of the peace by its intent to circumvent the law; it is a professional misconduct, with the purpose of bribery (accept this instead of truth). Due care is not even considered/ instead the color of law has intervened to strip me of my legal and moral rights to the guarantees of the US constitution. This is a hostile takeover, and reeks of a conspiracy to devolve the purposes of WE THE PEOPLE/ into they the hierarchy, and we the slaves. They have broken into the truths which we hold self-evident; the right to justice/ and not an environment of criminals in the search for peace and happiness in society/ and done violence to the nation itself, by describing the court as nothing more than a worm crawling upon the ground.

The foundation of justice is NOT a judge/ the foundation of justice is NOT found by defiling the intent of law and fair play through the use or apathy of a clerk; the foundation of law is the purpose of that law/ and the intent and evidence of fair play. None of that exists within this appellate court. The intent of this court is clear, to subject the trial of accountability in state and national government, to a mere personal tax. Covering over graft, corruption, and scandal with insolence and endless usurpations of power and privilege. Discarding the sanctity and sovereignty of WE THE PEOPLE/ and destroying the integrity of the court. Therefore criminal trial exists; because their intent is then a direct confrontation with WE THE PEOPLE/ a distinct attempt to steal from WE THE PEOPLE their guaranteed rights/ and an outright fraud: because protection of the people and the law and the constitution which is the foundation of all law in this country: is their sworn oath to uphold and defend. They attack, on all counts/ Guilty, on all counts.

It is a lie, to assume this is not important to me/ not because I desire any part of it/ I do not! Instead life on earth is being threatened with extermination, and I have no choice. Your choice is life or death/ mine is support life, it is a clear and certain duty. You don't want to pay your bills/ you don't want to live within your means/ you don't want to do the work required of life on earth to survive/ and you don't want to face the truth, and accept your reality: TOO BAD! As is true of this court, blind and illegitimate; means the whole country suffers/ just because a leader, will not choose honor and respect. Therefore it is now time for the nation to choose honor and respect, or die because they refused: no more blaming the leader/ this is your life or death/ therefore it is your fight or surrender. The future has needs/ the children have undeniable rights to "their fair share"/ and you as a nation are stealing. Either accept the cost of justice/ or you will die as a world. So says the evidence/ that you and the court so desperately want to suppress! Go ahead and win! But understand this, "your victory dance will be very short". This is not a game/ and your continued lies will buy you nothing but punishments. So says truth. Truth is the evidence of reality, as described by the wisdom of life. You cannot escape truth; but until it is cemented into reality, you can change the consequence of your decisions, and alter the future so that life can survive. Your avoidance suggests: life can survive without seafood/ it cannot. Your avoidance suggests: life can survive your human population crisis/ it cannot. Your avoidance suggests: you are not assassinating the future, and thereby your children/ YOU are, and YOU know it. Your avoidance suggests: society can function without honesty or honor or respect from the law/ take a look at Iraq, and others; this brings murder and hate. Your avoidance suggests: you can avoid complete destruction by weapons of mass destruction/ you cannot, and soon this will be proven, or you will prove peace on earth. Your avoidance suggests: Men can control genetics "we understand, it's a recipe that we can follow, and become gods ourselves"/ this failure is going to HORRIFY YOU, your assumptions are wrong; it is GOD Who keeps you from genetic chaos, and YOU can be abandoned. Without change, you will be! Take a look at these and so many more; Insanity is coming/ tragedy beyond number is coming/ WAR is coming! All because you have not the guts, to even approach the truth, and respect your reality! SHAME ON YOU!

AS A NATION, you have lived the life of a common thief/ rejecting reality and truth and law (justice for all); to assert, "none is more important than you". But as is true and simple of decisions and their consequences; lies will end/ and reality will consume the rest. Choose thief or life? It will be, one or the other/ but not both.

PROOF OF SERVICE

IT IS HEREBY DECLARED, I, JAMES F. OSTERBUR HAVE MAILED A TRUE AND CORRECT COPY OF THESE COURT FILINGS, WITH THE PROPER POSTAGE ATTACHED IN THE US MAIL SERVICE/ or UNITED PARCEL SERVICE, ON or before THIS DAY.

DATED 8/3 /07

A DIVIDED TRIAL

the law applied to original jurisdiction/ and the writ of certiorari demanding justice

from APPEALS 07-2299

IN: THE UNITED STATES SUPREME COURT 1, first st NE WASHINGTON DC 20543

DOCKET NUMBER TO BE________________

THE FRAUD, AND evidence applied APPEALS 07-2299

IN: THE UNITED STATES COURT OF APPEALS, for the seventh circuit, Chicago IL, 60604 219 south Dearborn st.

appeal no. 07-2299

a supreme court case under original jurisdiction applied to the question of a right to petition the government for a redress of grievances according to the first amendment.

A writ of certiorari demanding a just and fair court, with respect for the citizen.

RE: THE FEDERAL APPEALS TRIAL 07-2299

AS HAS BEEN FILED and TERMINATED in its demand for law in the first amendment, and accountability in government , through justice. A trial held IN THE FEDERAL APPELLATE COURT 219 s. dearborn , Chicago IL for the 7th circuit

JAMES F. OSTERBUR VS USA/ STATE OF IL/ IRS

And trial 06 MR 726 as filed in Champaign County court, main st. Urbana IL. 61801 JAMES F. OSTERBUR V. STATE OF IL & IL IRS

FILED AS/ UNDER ORIGINAL JURISDICTION:

JAMES FRANK. OSTERBUR

VS

THE UNITED STATES OF AMERICA / state of IL

AS FILED/ UNDER WRIT OF CERTIORARI

JAMES F. OSTERBUR

VS

THE UNITED STATES OF AMERICA, because the foundation of every nation is the law/ the rights and abilities of society are determined by the law/ and the employees of the people are called the government of the nation: even though it is the law, that governs us all.

THE STATE OF IL

TO THE FOLLOWING ADDRESSES IS MAILED:

USSC 1 1st st	NE	Washington DC 20543

AND TO EACH OTHER ONE COPY

THE PRESIDENT GEORGE W. BUSH 1600 PENNSYLVANIA AVE NW WASHINGTON DC 20500

the honorable Alberto Gonzales attorney general of the USA US dept of Justice 10th and Constitution avenues NW	Washington DC 20530

US DEPT OF JUSTICE appellate court 219 s. dearborn, chicago IL 60604

The governor of IL	207 state house Springfield IL 62706

The attorney generals office	1776 E. Washington st.	Urbana IL 61802

CHAMPAIGN COUNTY COURTHOUSE 101 E. MAIN URBANA, IL 61801

and to the following as well

US SENATE , JUDICIARY COMMITTEE 224 DIRKSEN SENATE OFFICE BLDG DC 20510

US HOUSE JUDICIARY COMMITTEE 2138 RAYBURN HOUSE OFFICE BLDG DC 20515

IL SENATE JUDICIARY COMMITTEE 705 STRATTON BLDG SPRINGFIELD IL 62706

IL HOUSE JUDICIARY COMMITTEE 705 STRATTON BLDG SPRINGFIELD IL 62706

PBS 2100 CRYSTAL DRIVE, ARLINGTON VA. 22202

CNN ONE CNN CENTER, ATLANTA GA 30303

( this is not asking for your acceptance/ this is removing your excuses)

NBC 30 ROCKEFELLER CENTER NY, NY 10009

ABC 7 W. 66TH ST NY, NY 10023

CBS 524 W. 57TH ST NY, NY 10019

Associated Press 15 E main Champaign IL 61820

USA today 1602 english oak dr Champaign IL 61820

UPI 1510 H ST. NW WASHINGTON DC 20005

FOX NEWS, COM 1211 AVENUE OF THE AMERICAS, 18TH FL NEW YORK, NY 10036

NEWSPAPER NATIONAL NETWORK LP 20 W. 33RD ST NY, NY 10001

AMERICAN MEDIA INC 1000 AMERICAN MEDIA WAY, BOCA RATON FL 33431-1000

YOU HAVE BEEN WARNED ENOUGH, today it is your turn to act/ and every day henceforth. Take it or leave it, believe or do not believe; let fantasy be your guide/ selfishness be your crutch: after all, "What can truth do to you"!

The assumptions of an idiot are: What can life do to me? The failures of a fool are: "The lies will not be found out/ I will be free". Those who gamble lose, because truth demands "an everyday reality". If you don't die/ tomorrow comes.