No.
______________________________
In The
SUPREME COURT
OF THE UNITED STATES

James Frank Osterbur,
Petitioner
V.
The United States of America &
The State of Illinois
Respondent

 

On petition for a writ of Certiorari to the United States Court of Appeals for the 7th circuit, Chicago IL

PETITION FOR A WRIT OF CERTIORARI 

Petitioner files pro se, as a citizen both of IL and this USA

 

 

              James Frank Osterbur
2191 county road 2500 E
St. Joseph, IL 6187

APPENDIX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix
Appellate court 7th circuit, decided 2,4,09
Case #08-3954------------------------------ page 4
Case review---------------------------------page 5-6
order of the court------------------------page 6-7
Relevant background and understanding  7-9
Excerpts from IL state supreme court filing/ refused. Established and accounted in text by paragraph markings   { ¶ }                                         
PARAGRAPH                                                 PAGE
4--------definitions requiring intervention        9
5-------------the mandate of IL constitution       10
6-----------------the demands of the IL court       12
7---------------------------the redress asked for       13
8-the courts job, applied by 4th amendment  14
9----------------------------------summary review       15
10----------------------------------money matters        15
Excerpts from central district of IL, fed court, Urbana IL  08-2262
11------the test before the us district court    16
12-------------------critical undeniable threats    18
13-------------a legitimate right of the people   20
Excerpts from federal appeals for the 7th circuit, Chicago, IL         case 08-3954
14---------------------we are owed case 08-3954    21
15---------------------------------review of reality     21
16--------------------------------a demand of duty     22
17--------------------------the law rules, we own     23
18-------------brief, not frivolous/  understood  23
19--------------------------------------------analysis        26
20---------------------------------a short summary     27
21------------------------------------------conclusion     27

 

IN THE UNITED STATES

COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

JAMES FRANK OSTERBUR,   APPELLANT,                               V.
UNITED STATES OF AMERICA, STATE OF ILLINOIS, ET AL.,   APPELLEES.
[/Cite as
James Frank Osterbur. V.  United States of America, State of Illinois, et al
Case No: 08-3954

(No. 08-3954 – submitted    
Decided February 4, 2009.)
Appeal from the district court for the central district of IL  located in Urbana IL
case no.   08-cv-2262

JUDGES OF THE APPELLATE COURT:  
JOHN  L. COFFEY
JOEL M. FLAUM
DANIEL A. MANION

JUDGE OF THE DISTRICT COURT
Michael P. McCuskey

 

 

 

 

{¶ 1}                     ORDER

The appeal is DISMISSED, with costs, in accordance with the decision of this court entered on this date

{¶ 2}    AS ESTABLISHED by the argument of  each judge involved and added for clarity directly  below in  “order”  there is absolutely NO MENTION of the legal foundation created within the first amendment pleading as presented by the appellant/ plaintiff.  AS IS consistent with the lower state court of Champaign county IL and the state supreme court of IL : wherein a foundation is laid, in the simple request for accountability in government:   THERE IS NO COMPLIANCE , with this law.  That law is the first amendment legal redress of grievances for the people. NO RESPECT FOR THE LAW, THE CONSTITUTION, OR THE PEOPLE.  NO ARGUMENT, NO LAW, ABANDONED by the court,  WITHOUT  A RIGHT, and without due process.  Because a courtroom does not comply with due process unless, LEGITMATE LAW is used. Rather the evidence is:  collusion, conspiracy, graft, deceit, and the intent called treason “selling the nation, our freedom and liberty & our lives, by personal decisions: to enemies (fools and idiots, liars and thieves), and protecting them from harm”.

Neither the law nor the constitution is governed by a rule of the court.  The court is ruled by the law, and the constitution. All lower                                                                                                    courtrooms of this USA fails this test. Therefore these excerpts from trial or the attempt to appeal at the IL state supreme court are
provided to examine:   the words and definitions of the
court as are highlighted by bold italics, in this order.

ORDER
{¶ 3 }                        
James Osterbur filed a complaint in the district court naming as defendants the United States of America, the state of IL, the governor of Il, the president of the USA, and the supreme court of the United States.  Osterbur's 29 page complaint is _______________________
*the defendants were not served with process in district court and are not participating in this appeal.  After examining the appellants brief and the record, we have concluded that an oral argument is unnecessary. Thus, the appeal is submitted on the appellants brief and the record.  See FED R. APP P.34 (a) (2).

No. 08-3954                                     
completely incoherent and contains no discernable claims, though Osterbur appears to call for a “tax revolt”.  The district court found that the case was frivolous and insubstantial and therefore dismissed it for lack of subject matter jurisdiction.  See Gammon v. GC Servs. Ltd.  P'ship, 27 F.3d 1254, 1256 (7th cir. 1994)  (federal courts lack jurisdiction over claims that are so                                                            insubstantial as to be devoid of merit).

Osterbur's appellate brief is more of the same.  A litigant in this court must “supply an argument consisting of more than a generalized assertion of error, with citations to supporting authority”.  FED. R. APP. P. 28 (a)(9)(A);  see also Haxhiu  v.  Mukasey, 
519 F. 3d 685, 691  (7th cir. 2008).  and although we construe pro se filings liberally, even litigants proceeding without the benefit of counsel must articulate some reason for disturbing the district court’s judgment.  See Anderson v. Hardman,  241  F. 3d 544, 545  (7th Cir. 2001).  Osterbur does not challenge the district courts reasoning. In fact, it is impossible to discern any argument at all.
DISMISSED.

RELEVANT BACKGROUND: 
The evidence will show
The reality called justice, and guaranteed rights as   applied by the constitution; are proven irrelevant to the court.  The common man does not use the words of a lawyer/ HE USES THE REALITY OF HIS LIFE. His words, then conceive of justice, based upon facts and evidence, not rules or procedure.  In the land of WE THE PEOPLE, he owns that right/ it is the court who must bend, and hear the pleading for fair play.
 Establishing cause for redress does not concern the courtroom of this USA and state of IL.   Only the rule and procedure; the

                            bigotry and prejudice of protecting the realm of a lawyer/ the powerful & proud, their only goal.  Throughout the courtrooms visited, the conspiracy is to this redress from the people.
Contrary to the constitutional mandate of   WE THE PEOPLE.   THE COURT contends “it is god”/ there is no justice for the people.  A lawyer     is not justice.  JUSTICE is the foundation upon
which peace, harmony, truth, life, duty, honor, responsibilities, and happiness are formed.  The court fails and asserts, even though the nation is in crisis due to its employees;  nothing is important,  but sustaining the status quo.
The assertion “no argument” assumes, I would play the same game as the court.  Had they legitimately answered with law regarding redress/ further argument would have been made.  The court argues  nothing, based upon the foundation in law that was laid under the first amendment.  It is the court/ not me that failed to argue law or fact.  It is the court, in prejudice and defiance of the constitution first amendment: that presents fraud.

I do not play the game/ EVERY appeal before any court seeks to review and examine truth, and apply the law by investigation of what cannot be denied as serious and necessary.  It is the job of the                                                                 court to apply justice, to society.  When it is the employees of the people who are most at fault/ then the court, through redress, IS LITERALLY our only option other than rebellion.  Is that not reason enough?

{¶ 4}  for brevity, ONLY one federal trial, one appellate trial, and its brief/   and one attempted filing in the IL supreme court, are used. They are sufficient, based upon the argument of the district and appellate courts, as identified by highlights in the order above.
_______________________________________________

dated august15, 2008 in the State of IL supreme court/ demand for appeal of county court case 06 MR 726.   For redress, state of IL    filed September 5,2008   returned September 24,2008   “it cannot be determined under what  rules of the supreme court or what relief you are seeking”

It is possible, having received an opportunity requiring honor from you/ that your failure & damage done previously to the American nation, in letting them fall into disgrace economically/ ETC;   could be re-evaluated by the court, and the people protected/ instead of your ass,      however unlikely.  This case is to be  fundamentally assigned to its appropriate place, as an opportunity to help the nation, by taking the lies apart in court.  And deciding as a nation what would now be best for us all.  But that does                                                                     requires courage, discipline,  respect for the nation and the law.    This is your last chance to do better, for life in these UNITED STATES, not because I say so.  Because   Economic collapse is inevitable and very near/ ETC;   either you will face that fact, and establish a future that will negotiate all sides, mediate all concerns, and fundamentally admit to failure: therefore we must change. Or terrible things will come, an entire nation of people who lie to themselves and make believe it’s the governments fault/ it’s the banks fault/ it’s the stock markets’ fault/ it’s the immigrants fault/ etc:    WILL seek revenge.   And every death is on your head, chained to your souls.  After all, the public will lose everything they expected: do you not understand hate will arise?   It is far better, to admit we must start over/ to admit the nation is addicted to greed, and must now stop or die: than it is to give weapons and cause to the hopeless/ and those abandoned to the street, indicted to poverty,  to starvation and rape, by your greed and failures. You will lose control very quickly/ and it will be very unlikely to return. Freedom is not free, it requires JUSTICE, FAIR PLAY, AND EQUALITY.   Freedom lives on happiness, and dines on hope; fail them, and you lose everything as well.  Lies all have realities that were not dealt with;    But, Truth will not be denied beyond the moment when it shall indeed, have its say, and consequences rule your lives.

{ ¶ 5  }The Illinois constitution says:  We, the people  of the State of Illinois grateful to Almighty                                                                               God  for the  civil, political  and religious liberty which He has permitted us to enjoy and seeking His  blessing upon our  endeavors in order  to provide  for the health,  safety and welfare of the people; maintain a  representative and orderly  government; eliminate  poverty and  inequality;  assure legal,  social and

economic justice;  provide opportunity for the fullest development of the individual; insure  domestic
tranquility;  provide for  the common  defense; and secure the blessings  of liberty to  ourselves and our  posterity do ordain  and establish this Constitution  for the State of Illinois.

Sec. 6.   The people shall  have the right to be secure in  their persons, houses, papers and other possessions against unreasonable searches, seizures, 
invasions of privacy  or intercept.......   News and documentation and reality all suggest bankruptcy is
our reality.  That means in no uncertain terms: this state government, and previous administrations and employees, have:   stolen our securities, and invaded our houses, and changed our lives without so much as an AI=m sorry@.  Prove it is not so.
Sec. 12.  Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person,  privacy, property or reputation. He shall obtain justice by  law, freely, completely, and promptly.
                                  IS THIS NOT FANTASY, AND DELUSION, as demonstrated by the court and government employees of this state? 
Sec. 23.  A frequent recurrence to the fundamental principles of civil government is  necessary to  preserve the  blessings of liberty. These blessings cannot endure unless the people recognize their corresponding individual obligations and  responsibilities.

Civil government is;  rule by WE THE PEOPLE!  TO PRESERVE the blessings of liberty, we the people MUST be informed with the truth, and all pertinent information in clear and legitimate understanding that all or nearly all people can define and explain for
themselves: such is the way this information shall be presented, for the people themselves.  It is then a duty of the people, to intervene and set aright, what failures and fools have torn down/ that the state and union may survive.  And they MUST have the truth to do that very thing for their own survival.

 

{ ¶ 6 }  I/We demand COMPLETE, REAL, EASY TO
UNDERSTAND information, and truth/ as it is our right to learn and decide, about all the things which threaten us/ or are claims against us, as the owners of this state: DO                                                                     YOU DENY THIS IS TRUE?   Let it be clear and true and simple to hear: YOU SHALL NOT, present information in an attempt to Awear down, the public.  Instead you will honor the public and present summary declarations/ with all materials depicting those explanations available on-line, as public access to the world. For free/ no registration, simple and plain/ honest and honorable so that all can understand.  Anything less is fraud.

{ ¶ 7 }  Redress is NOT ABOUT the minimal interests of groups, or individuals (these are political interests).  REDRESS,  IS ABOUT what matters to us all in this state, and in this nation.  And we stare at bankruptcy and know it is true/ WE ARE surrounded by threats that can destroy our lives, and know it is true/ and a future so bleak for the children that it means death to them without change.  REDRESS BY THE FIRST AMENDMENT OF THE CONSTITUTION IS THE RULE OF     WE THE PEOPLE!    And it is treason, to withhold the law and rights of the people from them.  It is fraud, a criminal conspiracy, and a felony act or treason; to take away their first amendment rights/ with frivolous and irrelevant rules of the court.  The law brings this trial/ the judge acts only as a criminal when they disobey the law!    What has greater value in a nation or state, than these? The protection of the                                                                   people, is this purpose: how dare you stand in the way, or not recognize the truth.

Neither constitution, NOT state or federal,

demands a law degree/ only a valid and real claim to the need for justice.  The fundamental assertion of a duty that is imposed upon this citizen, where the evidence exists in plain view: IS CLEAR.  The court, by law SHALL THEN  GATHER in association with the plaintiff, TO support the need for investigation, and examination of that evidence .   OR PROVE, with written statements, that this evidence does not gamble with our lives, our nation, our future, our state, or our world!  Where the evidence of the day shows corruption: in EVERY FOUNDATION that supports life on earth; AS DOES exist to such an extent, that even the state or nation can be affected by these results.   There is no excuse

{ ¶ 8 }   THIS REALITY  DOES DEMAND:  we go directly to a REDRESS OF GRIEVANCES as provided by the first amendment.
 Because the demand placed upon the court and government official is:   YOU WILL PROTECT THE PEOPLE, no right to gamble with their lives exists!    Each of these guarantees are founded in article 4 of the amendments, and established by the preamble to the US constitution.  Used because, both state and nation must abide:   that guarantee states: the right of the people to                                                                               be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated....  The first amendment demand for redress of grievances is that primary foundation in law/ that defends the security of   WE THE PEOPLE.  Where reality proves the employees of government have failed, or are failing/ there is no choice. THIS LAW, is the meaning and the measure of
accountability for the people/ described to be used against their employees. Where critical truth is applied as law, the only interpretation allowed is the Adictionary or social meaning of the words themselves; the intent is clear/ and there are limits to any dictionary meaning.

Within the terms of the original filing here at the IL supreme court, and the previous court case described in that filing in Champaign County Courthouse case 06 MR 726;  for accountability in state government:

{ ¶ 9 }  So we begin our SUMMARY review: with what is demanded from this court.
1.  There will be an open door to knowledge and understanding OF FACTS AND EVIDENCE THAT DEFY OR THREATEN:     OUR LIFE, WORLD, PEACE, AND HARMONY, IN ANY WAY!  Thereby defining and describing;   the various THREATS that suggest are OUR future is either already consumed, or being killed, or maimed as we speak.  Such as the state of the money in its                                                          entirety, by debts created against us/ the claims against us as taxpayers for the future, in their entirety/ the possibilities of failure in nature, water, energy, or any other form as may be in waiting to attack us.  SIMPLY, NO MORE HIDING/ no more games/ no more fantasy/ no more delusion/ etc! 

 

{ ¶ 10 }  Money affects us all, because this is our time (time is,  the only life we get/ money is:   our labor, the effort we put forth to survive and thrive/ and the resources we must have to live and work.   This is money when we choose: and debt, when we are forced
to work.  And it has nothing to do with the numbers called money today, that is your game. It is not life.

  MONEY DECIDES who must do the work, and who must surrender the numbers or claims or debts; because of unfair practice, equality demanded, or justice for all!)       
Debts affect us all/ water affects us all/ pollution affects us all/ nature alive or dead, affects us all/ weapons of mass destruction kill this world; and affects us all/ and so forth.

THE COURT will exercise control over the diligent and complete accounting of these matters; and be the purveyors of penalties/ but shall also be held within the arena of punishment. Because the law recognizes no                                                               one as above. Do your job, or be punished with the rest.  Create for us, the opportunity to decide by truth, IF THERE WILL BE CHANGE.  For this state, or this nation.

{ ¶ 11  }     DATED October 28, 2008
IN THE US DISTRICT COURT                       Central district for the state of IL   201 S   Vine St. Urbana IL 61801
case 08-cv-2262 judgment entered October 29,2009

RE: (1)  In the light of a refusal by the court system of this United States, and this state of IL;   to honor their jobs, and accept the duties and call of law to protect the people, and do the work necessary to honor our nation and state.    The demand HAS BECOME,    There must be a tax revolt:   held up to a test within this court.   That test is:     As with every other job in this nation, state, or world/   IF YOU REFUSE to do your work, in this case accept the authority of constitutional law,  the job you were hired to do: or do it so badly as to be criminal by the outcome of your actions:     then you shall NOT be paid.   That test is: DOES CONSTITUTIONAL LAW DECIDE, or some pitiful excuse of an employee get to steal. A decision applied to all employees, by the government of WE THE PEOPLE.  Whether an employee of state of federal government: industry, medicine, or just plain person to person:   the demand is FAIR PLAY,                                                                   EQUITY, CONSTITUTIONAL GUARANTEES, AND JUSTICE.   Or no pay/ a criminal matter of fraud instead, a consequence of liar/ cheater/ thief;   and potentially traitor.

Instead of honor and duty/ responsibility accepted and respect for this people, or this world, or even life:   are these failures not; contempt, or even treason/ traitors/ and employees who believe they can play king or queen/ master and puppeteer, over and with our lives.
A)        Therefore a legal battle to decide WHO IS OWNER of this USA:   WE THE PEOPLE/ or failed employees exists. The demand is that constitutional
law shall decide/ it is the authority of the people over their employees.

B)          A legal battle to decide: what the court owes the people through constitutional law and the preamble that forms the intent of where life and nation should be taking us. Whereas the proof of leadership and oversight of the courtroom of the United States of America/ and its state of IL: is declared in violation of these precepts, laws, and justice, for the people.
C)      A legal battle to establish the future, to stop the death march that will destroy these children (look around you), and to refuse slavery as has been established through deceit/ disrespect/ and the lies hidden away from view.  MORE SIMPLY, you WILL provide an absolute transparency and view of what the employees who                                                                               rule OUR NATION, on our behalf/   have done.  WE ARE GIVEN THE DEBTS/ THEREFORE WE WILL EXERCISE OUR RIGHT TO PROOF, EVIDENCE, AND A FULL ACCOUNTING from those who work for us.

{ ¶ 12  } 5.   The elemental reference to life or death, represented in previous trials:  is returned, to be given its right to be heard. The search for justice SHALL INCLUDE, the foundations that attack and threaten our lives in every sense of the word.  Your SCIENCE, IS PROVEN for every tiny improvement to life/ GRAVE DISASTERS EXIST.  More than a destroyer of worlds:  Your actions in support of this science, are a description of arrogance and pride beyond insane.   In the case of the national ignition facility;    An absolute failure of fools, with less sense than a worm: describe their experiment to come as:    Quote;   this will produce a [BURST OF ENERGY],   equivalent to a thousand times more than all the electrical energy used in this United States.   A burst of energy is a bomb!  And they are located in a suburb of San Francisco.  That amount of energy is conceived of:   IF they are right/ is the equivalent of several megatons of nuclear explosive.  AND THEY KNOW IT. The court will prove it has no jurisdiction here/ the judges will show cowardice or cause: for letting these people be killed, by throwing away the lawsuits that demand an accounting of life or death for the people.
These pitiful people intend to create the same fire                                                                              that is on the sun, here on earth with their bomb.  Yet we know that the fire on the sun is a nuclear or atomic fire: and we know everything on earth is based on atomic materials/ therefore everything here is, FUEL TO BURN.  Can't control it/ can't put it out;    the DEATH OF THIS WORLD.  Creating a biblical lake of fire/ being the embodiment of Satan himself: destroyer of worlds.   Prove beyond any doubt this fire can be controlled/ can be put out/ can be dealt with by men:   or you create HADES for yourself! The court will prove they have no jurisdiction here:   WHERE LIFE FOR THE PLANET HANGS IN THE BALANCE, and fools, the dead, and the diseased hold the key.   Stop them now/ YOU have no choice, LIFE NEEDS THIS TO STOP, or prove beyond the slightest doubt nothing can go wrong:   which is impossible.  NO MORE GAMBLING, NOT WITH OUR LIVES, NOT WITH OUR PLANET, NOT WITH OUR NATION, NOT WITH OUR GENETICS;   NONE OF IT.     LIFE FIRST, and forever is this demand.    OR, Prove BY LAW, that neither you or they, must  obey! This cannot be done Simple as that, and the court.

{ ¶ 13 }  7.   REDRESS OF GRIEVANCES, by LAW, under the first amendment,  THEN BEGINS WITH: The elemental need and right to change this government as is required for the protection of the people: THIS IS THEIR/ OUR CONSTITUTIONAL, GUARANTEED,                                                                             INHERENT, AND PROVEN TRUTH.  AS OWNERS a right that cannot be denied!  As Inheritors of this right, by the blood that made it come true: this is OUR NATION, So says the constitution.  Our nation means:  we are the owners/ you are the employees of government working for us, declaring by oath where it is important:   that you will not deceive us, or work against us, but support our decisions for life.   Thereby the need for change:   as is shown to be necessary, & absolutely apparent and fundamental for the preservation of life on earth: shall begin in a courtroom of law.   YOU, the court:  SHALL PROVE TO THE PEOPLE;  THEY DO HAVE A LEGITIMATE RIGHT, TO CHANGE THEIR GOVERNMENT AS NEEDED! YOU WILL PROVE, THE COURT IS THEIR APPROPRIATE VENUE WHEN DISCUSSING TRUE CHANGE TO LAWS or TO VOTES, or AS NECESSARY: THE TRUTHS THAT GOVERN US ALL.   You will prove to the people, they can take control of their government/ when it is clear government has failed them miserably. And CAN make changes by themselves, through the understanding of rights:    BECAUSE WE ARE THE OWNERS, OF THIS NATION.    THESE ARE LEGAL ISSUES OF CONTROL, AND THE FORMATION OF AN EDUCATED RIGHT BY THE PEOPLE. THEREFORE

CRITICAL TRUTHS MUST BE IDENTIFIED AND UNDERSTOOD BY THE PEOPLE THEMSELVES.  WHO BETTER THAN THIS                                                                          COURT, TO DECLARE AND PROVE SUCH THINGS?  Who better than the people themselves, to decide what the future shall be..

{ ¶ 14  } dated November 7, 2008       US appeals case 08-3954
More simply: The judge says can't bring that here/ got no authority to hear this case.  As explained , it is true: that a trial demanding a tax revolt be declared for the people, through their own courtroom/ BECAUSE WE HAVE NOT RECEIVED WHAT WE PAID FOR AS CITIZENS! And now demands an accounting of this government, from their entire employee structure throughout this USA. Declaring truth, and revealing lies.

{ ¶ 15  }  The law when expressed as DUE PROCESS:  can be heard as statement based upon law/ not attempts to discredit and disrupt the law itself.   This is expected in any court, that the law shall be heard, not a judge or a rule, but the law itself.  Only the decisions that exceed their own authority cannot be made: are a distinct part of due process.  Wherein the people are made aware of the law, and acquainted with respect for fundamental disciplines as is required for symmetry and justice instead of disrespect for the people with simple lies as does this judge.  It is the job of this court, as it is every court: to establish truth, and define law, thereby creating due process as the law itself intends.  That requires the law to be given in defense of any                                                                                  order of the court/ not excuses and innuendo of trivial frivolous attempts to block access to the court. The judge plays with a complete disregard for life and law and due process: he is not allowed to ridicule, as has been done. A judge is required to participate with laws that are relevant and true/ these are just shit in the sewer/ that is the courtroom of America.   Respect, is not done in this courtroom/ therefore respect is not given.   Therefore contempt is noticed, and proven by  this chief judge in his own words: Afederal courts are without power to entertain claims otherwise within their jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of merit and again this judge states: Athe claim is wholly insubstantial and frivolous and again this judge claims Athis court finds that the documents filed are rambling and generally incomprehensible and, as noted previously, contain no discernable claim.   10/29/08 Michael P. McCuskey.  Chief US district judge

{ ¶ 16 }     So let’s review: I do not ask for people to believe a single statement above: I represent the reality of what media, military, financial news, and science have already declared.   That we as a people/ as life on earth are threatened and facing extinction or horrific consequences, as described.  THEREFORE I AS IS MY DUTY to this nation, REQUIRE AND DEMAND a courtroom to clarify and establish what is true about all these things Aas best we can/ as a nation & world.  That                                                                                   we as a people & as life on earth shall NOT be found dead, without a single chance to make changes when it is too late to survive.  As is true of all time: there comes a day when it is too late/ life is over.  AND WITHOUT DOUBT, significant and real threats have already been identified: and do threaten us with extermination.  Nothing frivolous here!  I CHOOSE, to participate in understanding/ before our lives are lost.  Nothing unsubstantial here!  Distinguished by the realities of life and death and loss on massive scales, the least of which is money: the judge decides doesn’t belong in his courtroom.  A true contempt for, and against the American people. Proven and real.

{ ¶ 17  }  The elemental truth of this appeal, is as constructed:  a message to the people of this land, that the law is more powerful, than any person who stands before it. The law rules over life/ life does not rule over law

 

{ ¶ 18 }                              IN BRIEF

US COURT OF APPEALS   7TH CIRCUIT,
RM 2722-    219 S. DEARBORN ST
CHICAGO IL, 60604
Www.ca7.uscourts.gov

JAMES FRANK OSTERBUR     Appellant- plaintiff
vs.
UNITED STATES OF AMERICA,   et al.,                                                                                        appellees-defendant

CASE #08-3954

dated:   11/27/08

the above case is represented in full at www.justtalking.info    And consists of a demand for honesty, clarity, duty, obedience to constitutional law, enforcement of ownership rights and the first amendment legal redress of grievances clause AS ESTABLISHED and  directed by the constitution of this United States. Among the basic trial constructions, demanding a resolution:   wherein the people demand here:   the whole truth, and nothing but the truth, you so swear: or face a maximum penalty of death.   There is a fundamental right of knowledge, called complete transparency in all federal debts/ and the debts of the state of IL: every form of indenture that our employees have attached to us, the citizens who are expected to pay.  These are,  ownership rights of   WE THE PEOPLE, to know, what you have done to us.    AS A TRUE DEMOCRACY, we are the owners: those in public service are our employees; just as if it were any other business; only with more restrictions, oaths demanding duty, and with the responsibilities that affect us all.  The realities of this day, in both state and federal governments are clearly:   did not do their job/ the evidence is absolute, the facts are in the media, and that our nation is at risk: is undeniable.  Therefore the first                                                                              amendment redress of grievances is not only proper/ but intended and written for this very thing.  At a level of absolute disgrace;    only because the court, in its several levels have proven to disobey the law.  And refused to honor any  redress in support of WE THE PEOPLE:     in all previous attempts when set before the court, no duty, no honor, no respect, no acceptance of law; failure at every level both state and nation.  Now that the entire nation is at risk;   the people must do for themselves. But the court shall be used to establish the truth, and keep the liars away.  THAT NOTHING BUT THE TRUTH, as best we can; shall be understood or accepted as useful and relevant to this day.
Due process is achieved in redress, as follows:
1.    by discovering the lies that have plagued this nation, and stopping every one.  Only the truth is allowed in government/ only reality as is consistent with the facts of life:  is allowed to be expressed as truth. Where government is concerned. Life must never be a game again.
the removal of threats that could end our lives, created by science, business, industry, gluttony, ignorance, greed,  or stupidity. Whatever they may be.  NO GAMBLING with our lives, is a rule applied to the purpose and foundation, of the constitution of this United States.

 3.     the removal of destruction: as in the  material breach of contract by  the elders & employees,  who                                                                                  have chosen to make the children pay, their own debts.  Creating the conclusion of fact: that the young may indeed  face a dead future/ in poverty, without cause of their own.

4.      These leaders in greed, power, and pride have long chosen fantasy and delusion.  Truth, is a demand long ignored.  The proof is  FAILURE established by the expert who HAS INDEED decided for the people/ take a look, and be ashamed.  Our reality threatens to become severe poverty, do to stupidity, disrespect, & ignorance of all things called value.  The possibility of complete failure as a society and life on earth, IS OUR REALITY.  Our government employees obviously having failed in all counts and purposes of life or peace/ honor or duty/ constitution or law.
5.     the resolution of new and different ways to proceed as a nation that must choose for themselves. Is fundamental to our survival/ as none can testify to the assumption this is OK.   Rather life in this UNITED STATES is going to change/ only the method and manner and choice of that change is in doubt.   WE THE PEOPLE, shall now decide.
6.    The end of all threats that could  throw us into civil war, such as NO JUSTICE, for all the damage that has been done in the matter of money & the shredding of people’s lives, by greed.  Means there shall be an adjustment made in numbers, and the people who claim them as money for RESPECT, AND FAIR PLAY, as best we can.
7.    The demand for discipline, respect, duty, honesty, courage, justice, fair play, equality, equity,                                                                                and honor in every form of  government regardless of its place in power.   Is fundamental to truth, and it shall not be overlooked.

ANALYSIS

{ ¶ 19 }   THE COURT argues, that accountability in government has nothing to do with the people/ they close the door and submit:   the people pay taxes to us/ and have no say, beyond a vote saturated with
propaganda. Have no rights or claim to ownership. Have no recourse in the law or the first amendment;  beyond hiring lawyers, and submitting to their rule.  The consequent claim:  we the employees, are rulers, and next to god/ the people are without substance or claim, or rights:   because the court fails.  The constitutional mandate for a redress of grievances is irrelevant to the court/ and stands abandoned to the people;  the court simply in place, to protect the greedy, powerful, and proud.

 SHORT SUMMARY, BY ME

{ ¶ 20 }        THE CONSTITUION IS THE LAW/ THE FIRST AMENDMENT CONTROLS THE DISPENSING OF ALL LAW, JURISDICTION, AND CONTROLS  ALL LEGAL DESCRIPTIONS ALLOWED BY THE COURT/ UNDER THIS AMENDMENT, AS IS DUE PROCESS.
The foundation of America,  is built on respect/ there is no respect for the law within                                                                      either of these courts, nor any other for this legal redress of grievances by the people. No law, no argument, only desertion of duty. IT IS a traitorous act, a foundation for treason, to destroy the guaranteed rights of the people to protect and defend themselves;  against all enemies, including those employees who have neither wisdom, truth, nor reality by the evidence of their work, and decision.
AND THIS is a basic part of both federal trials, and the failed appeal in IL state supreme court; being appealed in this day.                      

CONCLUSION

{ ¶ 21 }     the demand, for first amendment redress of
grievances is judged:         “frivolous and incoherent”, by the court, and its judges throughout each of the various levels .  All argument establishing redress, BY THE PEOPLE:   is discarded without law/ and the courtroom is used to ridicule the people, the law, and the constitution.  Frivolous and irrelevant argument is used to hide the facts of this case by the court/  these
arguments are made  TO DENY ACCESS TO THE LAW UNDER THE FIRST AMENDMENT/ not protect the people, defend this nation, or adhere to personal oath.   THE COURT DENIES DUE PROCESS/ because it denies access to the courtroom without relevant law, without law that addresses REDRESS under the first amendment. AND ESTABLISHES DENIAL OF MY  “equal protection under the law”/ from those who are most threatening, and changing my life, attacking my property, and changing my future:                                                                                  the employees of both state and federal government.
A rule of the court, IS NOT DUE PROCESS/  nor does it carry the weight or value of either law or constitution, or citizen.  Thereby these rules are in fact treasonous, because they seek to overrule the law, the people and the constitution, by barricading the courtroom .  the courtrooms both state and federal of this USA use their rules in defiance of the ninth amendment:  “the rights enumerated in the constitution shall not be construed to deny or disparage other rights retained by the people.   These rights are, “so basic, and fundamental, and so deeply rooted in our society as to be truly essential rights”..    The right to a courtroom, as a citizen of this USA, cannot be so disgraced, that a rule controls justice, truth, life, or fair play.

There is no contention with discipline, the need for order, or the intent to establish “fair play within the court”.  HOWEVER, the denial of a first amendment right, with the terms “frivolous, incoherent, without merit, etc”:   wherein the reality is/ LIAR.   These judges each understood well, what every citizen can understand, as a demand for redress of grievances under the first amendment.  Thereby these are each and every one   “LIARS, in flagrant disregard and disrespect for the law, the people, the constitution, and the nation”.
YOU, are not rulers/ YOU are employees of the people;  citizens like any other, except for your oath, and position demanding critical and real protection of the people. YOU ARE SUBJECT TO THE LAW, not above it/ nor protected by the lies of immunity;   for good behavior, a judge is protected.  Nothing here, “is good behavior”.  Very little from past cases brought before various courts, represents justice or law for the people.  The demand is change this now.
The employees of legislative government both state and federal have attacked my world, and my nation with greed, power, want, selfishness, hate, ridicule, desertion of
duty, stupidity, a long list of threats that can literally exterminate this world & our lives:   and I/ we demand change.
The prosecutors for the people, those entrusted to establish compliance with the laws that do protect the people, throughout and under the jurisdiction of the attorney general and various other entities have failed completely;  falling in a pit, and allowing the nation to follow.  Constitutional mandate is as its prelude demands/ read it;   and understand, the need for change conceives of every door, and every employee, and every expectation throughout this nation.  That is the state of your failure/ the need for redress that cannot be more important, in this day.

All legal trials, etc are held on or accessed through the web site www.justtalking.info , the earlier trials leading to this petition are found on the left margin of the site under state or federal trial links.  New information is found at www.justtalking2.info

The purpose of this trial and this work, is to give the people an opportunity for legal redress/ that presents WE THE PEOPLE, as a reality and a foundation for their change.  Change is absolutely necessary for survival.
The court will provide “female only attorneys” to represent the people/   because they do represent change, and that is the purpose through law, provided herein.