Contact: Jesha Miller For Immediate Press Release
1011 Lincoln Ave. Apt. D
Evansville In. 47714
Judge Sarah E. Barker Demanded to Indict Judge David Kiely
Federal Judge Sarah Evans Barker has been demanded to follow the Rule of Law and indict all defendants in case No. 3:10-cv-051-SEB-WGH, which includes Judge David Kiely, Steny Hoyer, & Congressman Brad Ellsworth. All were sent legal warnings of violating Rights under Color of Law & refused to cease concealment of the Constitutions Checks & Balances petitioned by the Plaintiff, Jesha Miller.
Judge Barker is President of the Federal Judges Association whose aim is to maintain life time positions with good behavior & following the rule of law. Judge Barker is now tested to follow the ruler of law by indicting & arresting Judges, media, & top politicians involved in a cover-up to conceal a Federal Crime & the Constitutions Checks & Balances intended by the Framers of the Constitution to prevent abuse of power by government & help Democracy protect American freedom. Question is if equality truly exist why has Judge Sarah Barker not issued indictments & arrest to these prominent people in high positions as you would any one else? When will these indictments be issued?
May 25, 2010
Case 3:10-cv-00051-SEB-WGH 05/20/10 filed 4:32 PM
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Clerk of the Court
JESHA MILLER, )
vs. ) 3:10-cv-051-SEB-WGH
ROBERT A. IGER, ET AL., ) Rule of Law- Indict & Arrest
Motion for Court to enforce the Rule of Law
Indict & Arrest under Title 18 Sec. 242,243,& 245
Comes now, Jesha Miller, moves that the Honorable Sarah Evans
Barker immediately issue copies of the Civil Rights Complaint including
indictments & arrest Warrants for the Defendants in case No. 3:10-cv-051-SEB-WGH pursuant to Title 18, sec. 242, 243, & 245. The plaintiffs
complaint informed the Court upon this filing April 4, 2010 with Judge Richard L. Young & the Honorable Sarah Evans Barker May 6, 2010.
( Rule of Law ) [ Title 18, sec. 243 ]
Indict & issue Bench warrant for the arrest of Judge David Kiely & Attorney Maurer who committed a Federal crime pursuant to Title 18, sec. 243. The officials responsible for the jury selection acted in violation of the constitution, denying potential Black jurors the equal opportunity to participate in the administration of justice. A copy of the official records of the state Court duly certified by the clerk of such court to be a true & correct copy of a finding shows this to be factual. The component of race is included in the concept of peers. The defendant is Black & the excluded class is Black. Transcript show Judge Kiely violated the State & Federal constitution to a fair & impartial jury as mandated through the 14th Amendment & no cross section of the community. They show Judge David Kiely overruled the violation. No judge can overrule the Constitution of the U.S. intentionally denying rights under color of law due to race.
Moreover, if petitioners allegations are true the responsible official, & prosecutor are subject to criminal penalties. 18 U. S. C. sec. 243. The crime & unconstitutional state action occur whether the defendant is Black or White, whether he is acquitted or convicted. [Judge David Kiely will not turn himself in so the law must be enforced. ] Transcripts prove crime & file stamped copy requesting him to turn himself in, which he has not. Ex parte Virginia 100 U.S. 339 (1880) A state judge challenged the statute under which he was convicted of excluding Blacks from grand or petit juries & the court upheld the statute as a valid means of enforcing the EQUAL PROTECTION CLAUSE. Congress chose to deter such violations of the 14th Amendment by imposing criminal sanction. Illegal & unconstitutional jury procedures cast doubt on the integrity of the whole judicial process. Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the U.S. Constitution. The second purpose of sec. 243 to prevent racial exclusion from juries by providing criminal penalties for persons violating the statutory command. The transcripts show these violations to justify indictment & arrest for judge David Kiely & Mr. Maurer.
Aiding & Abetting
Issue indictment & warrant for the arrest of former U.S. Attorney Susan W. Brooks whose duty it was to enforce the law but aided & abetted David Kiely in the crime so he was not held accountable for the crime committed which is against the peace & dignity of the U.S. & is at war with Democracy because slavery has been abolished. U. S. Attorney Susan W. Brooks, the responsible official, failed to impose criminal sanction as intended by Congress to deter the exclusion of a race & violating the statutory command. Accomplice- An associate in wrongdoing, especially one who aids or abets another in a criminal act, either as a principal or an accessory. In criminal law, contributing to or aiding without being present at the commission of an offense, becomes guilty as a participant by concealment & as in this case directly related to a duty constituting corruption. Corruption is the abuse of power by a public official in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way detriment of the systems original purpose.
In this case U.S. Attorney, Susan W. Brooks was to enforce the law as a U.S. Attorney & refused so that Judge David Kiely was never held accountable for the crime pursuant to Title 18, sec. 243.
[ Title 18, statute 336- punishing any person charged with any duty in selecting jurors who shall exclude any citizen on account of race, color, or previous servitude is authorized by the 13Th & 14Th amendments to the constitution. Civil Rights 129 Act.] 1875. U.S. Attorney Susan W. Brooks aided Judge Brooks by not enforcing sec. 243 intended to serve 2 purposes: 1st to make explicit in the 14th, Amendment, that persons cannot be denied the right to serve on juries because of their race & 2nd, to prevent racial exclusions from juries by providing criminal penalties for persons violating the statutory command. [ Motion to indict & seek bench warrant, exhibit C ] This corruption by a U.S. Attorney in an office of trust receiving authority in order to act on behalf of the public is now shown to have abused her power by aiding a fellow official to the detriment of the systems original purpose of imposing criminal sanction for the violation of Title 18, sec. 243.
The statutory prohibition on discrimination in the selection of jurors, 18 U.S.C., sec. 243, enacted pursuant to the 14th, Amendments enabling clause, makes race neutrality in the jury selection a visible & inevitable measure of the judicial systems own commitment to the demands of the constitution. The Courts are under an affirmative duty to enforce the strong statutory & constitutional policies embodied in that prohibition. Peters v. Kiff, 92 S. Ct. 2170-2171. In Strauder, the Court observed that the exclusion of Blacks from jury service injures not only defendants, BUT ALSO OTHER MEMBERS OF THE EXCLUDED CLASS: IT DENIES THE CLASS OF POTENTIAL JURORS THE PRIVILEGE OF PARTICIPATING EQUALLY...IN THE ADMINISTRATION OF JUSTICE, 100 U.S. 308, & IT STIGMATIZES THE WHOLE CLASS, EVEN THOSE WHO DO NOT WISH TO PARTICIPATE, BY DECLARING THEM UNFIT FOR JURY SERVICE, & THEREBY PUTTING A BRAND UPON THEM, AFFIXED BY LAW, AN ASSERTION OF THEIR INFERIORITY. This makes Blacks second class citizens as a whole so this affects more than me, but all blacks & offends a number of related constitutional values.
18 USC sec. 242 provides that whoever, under color of law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ...shall be fined under this title or imprisoned not more than one year, or both.
Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
Congressman Brad Ellsworth aids by concealment as he has been petitioned to take Jesha Miller's petition using the Checks & Balances to the floor of the House of Representatives to expose the crime but refuses to withdraw from the crime & continues concealment. Congress made the law so he has a duty to see that it is enforced but has chosen to aid Judge David Kiely by concealing the crime when petitioned by his constituent to expose the crime by using the Checks & Balances which prevent abuse of power & would hold Judge David Kiely accountable for the crime committed by him. Two petitions totaling more than 600 signatures for him to take this to the Floor of the House are evidence that despite the people petitioning for him to expose violations of the Constitution he has continued to aid by concealment rather than withdraw from the crime by exposing this through the Checks & Balances as intended by the Framers of the constitution. This is taxation without representation. The 14th Amendment was ordained to secure equal rights to all persons. To render its purpose effectual, Congress is vested with power to enforce its provision by appropriate legislation. Such legislation must act upon the persons who are its agents in the denial of the rights which were intended to be secured. Otherwise, the inhibition is meaningless which Congressman Brad Ellsworth renders by concealment of the 14th Amendments violations by Judge David Kiely & his refusal to take to the Floor of the House of representatives to expose by using the Checks & Balances.
[ Exhibit D, Petition for Congressman Brad Ellsworth to take to the floor with date this was entered into his Evansville Office.] These officials being a part of Congress, have chose to conceal the crime which Congress made a crime pursuant to title 18, sec. 243 to deter violations of the statute.
Both Senators Richard Lugar & Senator Evan Bayh are accomplices who also refused to expose the crime & continued concealment as an accomplice. They also refused to make the crime a part of the Congressional record to aid by concealment of the crime. Senator Lugars assistant, Susan Brouilette also refused as part of a bipartisanship to obey the Constitutions checks & Balances which would expose the crime pursuant to Title 18, sec. 243. The crime cast doubt on the integrity of the whole system.
Congress chose to deter such violations of the 14th Amendment by imposing criminal sanction & the U.S. Supreme Court upheld the Statute as a valid means of enforcing the Equal Protection Clause. The actions of these officials aid in concealing the very crime committed so that officials are not held accountable & clearly refuse to withdraw as they have been petitioned to do so or face charges as an accessory for the concealment of the crime & to deter me from securing rights violated under the Bill of Rights. Rights which government must protect. All were given a Violation
Warning of denying rights under color of law & have refused to cease
concealment by taking the petition using the Checks & Balances to the Floor of the House or Senate so that it is addressed due to abuse of power. For the law to have any effect indictments & arrest warrants must be issued to Congressman Ellsworth & Senators Lugar & Bayh & by the rule of law the Court is required to issue these indictments & arrest.
Press Secretary- Robert Gibbs who is petitioned to inform the public of the Presidents duty to enforce Federal Law & inform them of the Checks & Balances petitioned due to abuse of power & to help Democracy secure American freedoms. Petitions have been Faxed to Mr. Gibbs who refused to inform the public of corruption, aiding the criminal from justice by concealment & refusing to withdraw from the crime by exposing this as petitioned to the public to also allow corruption in the entire Judicial Branch of government to continue. This is in contempt of Constitutional Right #925 which enables every citizen at anytime to BRING THE GOVERNMENT & ANY PERSON IN AUTHORITY TO THE BAR OF PUBLIC OPINION BY ANY JUST CRITICISM UPON THEIR CONDUCT IN THE EXERCISE OF AUTHORITY WHICH THE PEOPLE HAVE CONFERRED UPON THEM. This is a position of trust which the Press secretary has received to act on behalf of the public to inform them & Mr. Robert Gibbs refuses to withdraw concealing the crime & corruption to deter the Checks & Balances of the Constitution from exposing corruption & holding officials accountable for criminal acts under color of law.The reality is that the corruption of the USA legal system is well-hidden by the news services of America's corporate owned media of which they all have been asked to stop cover-up of government corruption & withdraw from the crime by exposing government corruption but instead continue to be a part by concealment. They also are in contempt of Constitutional Right # 925 to conceal corruption & deter the Constitutions Checks & Balances to deny the guaranteed rights which would be restored by the checks & balances exposing abuse of power in the Judicial Branch of government. This is in the obstruction of justice to hide the 5th, Amendment violation which requires government to be held to the rule of law also. The checks & balances are a part of the Constitution which prevents abuse of power, exposes corruption & illegal acts, one of which is the crime pursuant to Title 18, sec. 243, is that the media conceals from the public in the obstruction of justice allowing corruption to flourish.
Where available, aiding and abetting liability generally requires three elements: 1) an underlying violation by a principal; 2) knowledge of that violation and/or the intent to facilitate the violation; and 3) assistance to the principal in the violation.
As indicated by the Supreme Court of the United States, “In order to aid and abet another to commit a crime it is necessary that a defendant 'in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, that he seek by his action to make it succeed.” Nye & Nissen v. United States, 336 U.S. 613, 618 (1949) quoting Judge Learned Hand in U.S. v. Peoni 100 F.2d 401, 402 (2d. Cir. 1938).
In this case the underlying violation is Title 18, sec. 243, a federal crime to deter Judges from excluding anyone from jury service on account of race or color violating the Equal Protection Clause. Robert Gibbs, the media, & the Majority & Minority leaders of both the House & Senate have knowledge of this as they have been given legal warning of violating rights under color of law giving them time to withdraw from the crime by denouncing the plans, contacting the police, or as in this case publishing the Checks & Balances due to abuse of power & help Democracy work by protecting American freedom.
They give assistance to the Principal, Judge David Kiely by concealing the crime committed pursuant to Title 18, sec. 243. They cover all sorts of issues everyday so there is no excuse for concealment of a crime that is against the peace & dignity of the U.S. & is at war with Democracy because Slavery has been abolished. Concealment of government refusing to honor the Bill of Rights which no just government can refuse or delay. Several attempts to have this published or covered by T.V., radio, & magazine establishes their union to conceal the crime so that the principal would not be held accountable for the federal crime once the checks & balances are recognized. The following media have acted as one accord to deter ( prevent ) the constitutions checks & balances from taking place as intended by the framers of the Constitution to prevent abuse of power by the government so that the natural rights of the people are protected. The following media & politicians are in obstruction of justice by aiding & abetting Judge David
Kiely to prevent the performance of the checks & balances which would hold him accountable for a federal crime & oppress me for as long as possible so that I don't collect the 10 million dollars for illegal imprisonment. Corporate owned media involved are:
Robert Iger- CEO Walt Disney- Responsible for reporters keeping concealment of crime.White House correspondents- Jake Tapper- Called but refused coverage after email.April Ryan- White House correspondent- Wanted Al Sharpton to step forward first.Peter Jennings- ABC News refused coverage.Tom Brokaw- NBC News refused coverage.Richard Davis V.P. of News Standards & practices for CNN.Dan Lothian- White House correspondent- CNN- refused coverage.Katie Couric- CBS News refused coverage.Mark Glover- 25 News- refused coverage by phone .Warren Korff- Fox 7 News assignment editor said no one wanted the storyRandy Moore- WTVW-refused coverage.Jack Pate- Evansville Courier & Press refused coverageMizell Stewart- Evansville Courier & Press refused coverage.Scott Galloway- Ass. News Director 14 WFIE- refused coverage.Al Sharpton- Civil rights activist- Said find another organization.Shannon Williams- V.P. Editorial- Indianapolis RecorderDennis R. Ryerson- Editor & V.P.- Indianapolis Star- refused by email, exhibit includedJenny O' Malley- Associated Press in Indianapolis refused coverage by phone after email.Tom Curley- Associated Press- Responsible for reporters keeping concealment of crime.Lee Horwich- USA Today- refused by phone.Rodney Brooks- USA Today asked to give coverage to no avail.Glenn Beck- Fox News never gave coverage.Adam Liptak- N.Y. Times refused coverage by phone after email. The plaintiff DEMANDS the Judge, Sarah Evans Barker issue the Civil Rights complaint with indictments & arrest warrants issued to all defendants immediately. The Judge is demanded to enforce the rule of law pursuant to Title 18, sec. 242, 245, & 243 for my rights to have any effect towards correcting or restoring my rights. The legal warning is part of my exhibits to be sent with the indictments & arrest which established the accessories continued to conceal rather than withdraw from the crime.
Corruption is the abuse of power by a public official in which part of the system is either not performing duties it was originally intended to, such as former U.S. Attorney Brooks whose duty it was to bring criminal charges against Judge Kiely for violating Title 18, sec. 243.
This performance is improper & detrimental of the systems original purpose to deter judges from excluding jurors on account of race by imposing criminal charges. Now the Court is moved to enforce the rule of law by issuing indictments & arrest to the defendants who refused to cease violating my rights under color of law.
The plaintiff, Jesha Miller, is a Journeyman machinist & Veteran of the Vietnam Era behind on his rent due to car repairs & needs immediate medical attention concerning teeth, eyes, & lower back. Immediate action need be taken to prevent homelessness & prevent irreversible damage health wise. I pray the Courts integrity have adherence to moral & ethical principles. That the Court uphold the integrity of the Constitution by imposing criminal charges as the rule of law requires for the violation of crimes & the concealment of the checks & balances in order that the principle, Judge David Kiely, not be held accountable for violating Title 18, sec. 243.
Respectfully Submitted: Jesha Miller _________________________________
Date: May 20, 2010.