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In the US district court, IL CD Urbana IL





RE: NOTICE of motion to dismiss/ dated 5/ 7 / 07

THE REALITY: the court has lost its authority in this case/ having sacrificed it, when failing to obey its own obligations and rules and rights as provided in the subpoena, filed in court/ and its own 60 day rule. The court has lost its right to an action, by failing to accept the authority required of it, in demanding the lower court of Champaign County IL, located in Urbana IL shall pass a verdict in the case 06 MR 726. James F. Osterbur v. The state of IL, & IL IRS. That case too, has long since past its assigned date, & demand for a verdict according to its own rules. Thereby and therein, the assumption of a motion to dismiss after the fact/ is IRRELEVANT. AND THE CASE DOES MOVE TO THE SUPREME COURT OF THE UNITED STATES.

THE DECEIT/ or LIE: A federal district court, under the direct supervision of the UNITED STATES SUPREME COURT. A federal court designed and held by constitutional decree, as a distinct part of the judicial process. Quote “the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.... “ This court, this vestment of the american governing body, and the officials that run this service of ‘honoring the american people, by bringing justice and equality to all’ [when its working]. Says of itself/ that it has no jurisdiction in the matters created by trial 07- 2040. This court says: it needs a more definite statement, to understand the basic reality of the case filed. Not “clear enough to understand”.

Hereby the court is reminded, I am but a citizen/ not schooled as a lawyer/ not taught in the technical jargon of “critical trash”, from which so many cases like this one are thrown out. The court is reminded, “Equal and fair”/ are the basis of every courtroom where justice is taught to the people/ and enforced by the means of understanding, and the foundation of every nation that survives, called justice. Wherein the judge is required to assist in making the citizen aware of all that must be done, so that the citizen and justice may be considered as equal servants of the same cause: peace & harmony in this nation. This judge/ and these lawyers do none of that/ they subvert justice/ hide from equality/ and attempt to destroy fair play, or the rights of any citizen in a courtroom that belongs to the american people. Therein the primary bulwark of the fourteenth amendment that insists upon quote: “...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; nor deny to any person within its jurisdiction the equal protection of the laws”. Becomes not only does the federal court not obey the demand to enforce these things on the state of IL/ they do not obey the directive to do this themselves. Making of the fourteenth amendment, a lie, a fraud, a farce, and a disgrace.
MORE SIMPLY and with more clarity, so the judge can understand: the reality of a lower court that clearly refuses to deliver its duty/ is not a little thing! The federal mandate to every court under its jurisdiction is to enforce the law, and uphold citizens rights. This court has failed/ as has the lower court/ and evidence of collusion exists between the two! And now the court insists, that it should be excused. This court is granted its request/ the case moves to those who have no possibility of discarding the verdict: without some form of treason attached to that action. Those who have control of the rules, control of the judge, and control of every verdict in the land: IS THE UNITED STATES SUPREME COURT. Whose only action, is to be in accordance with McCulloch v. Maryland (1816) “the necessary and proper clause” of Article 1 of the constitution has not been met: the demand is to prove the court acted justly. If not, explain how this matter, could be defended but by traitors. A failure to find jurisdiction and verdict in a case so demonstrating of need/ “so colored” with the reality of a protection for the people/ that any assertion “the court can’t do it”/ is a blatant example of an employee or employee’s that not only will not do their job, but have banded together in an action against the nation itself: is that not so!

The assumption of “balanced and fair”/ has been proven unfounded/ by both the state court, and the federal court. The courtroom of the state and federal governments are proven unbalanced and unfair/ by the evidence of their ways. Proving the foundation upon which this country stands: its justice system/ is charged with corruption. This nation and its governing officials have been charged with corruption, in the originating filings/ and with lying, and stealing, and cheating/ the evidence of corruption continues on: as is now offered by the court in lieu of justice. Therefore to assert, that the supreme court need only intervene on the basis of a writ of certiorari is wholly inadequate: BECAUSE AS OWNERS OF THE NATION, the citizenship of america: we have a right to know the truth about our lives, our money, our resources, and our future. Only trial can determine these things/ only the foundation of evidence that leaves no room for doubt, as to the validity of what has truly been going on, with our money, our future, and our lives. Not my words/ not your words/ but trial wherein the entire nation is not only invited, but fundamentally aware, and nourished with the truth of justice, the full and solemn rights of ownership, and the foundation the we are in charge. Therefore jurisdiction passes from writ of certiorari to the cause of original jurisdiction/ and because corruption is evident, and clear: there is no option for the court to oppose it.

By definition, jurisdiction means: the power to hear and determine a case. This power may be established and described with reference to particular subjects or to parties who fall into a particular category. In addition to the power to adjudicate, a valid exercise of jurisdiction requires fair notice and an opportunity for the affected parties to be heard. Where is my right to be heard? Both federal and state courts have failed/ that leaves only their bosses. Those charged with no option but to do what they have given their own oath to do.
By definition, original jurisdiction is said to mean: the jurisdiction of a court to hear a matter in the first instance. In other words, it needs not, an appeal to accept a court case before it/ the supreme court CAN ACCEPT ANY CASE IT SO CHOOSES, without any “qualifications” at all. It is the judge itself/ of whether a case shall be heard; and needs no other courtroom to decide. There is NO EXCUSE.
As in Martin v. Hunter’s lessee (1816) Quote “the supreme court declared (a) that the constitution was ordained and established, not by the states in their sovereign capacities, by emphatically, as the preamble of the constitution delcares, BY THE PEOPLE OF THE UNITED STATES”. (b) that the constitution “is crowded with provisions which restrain or annul the sovereignty of the states in some of the highest branches of their prerogatives (article 1, section 10)
In Barron v. Baltimore (1833) the court reasoned “(a) that the constitution of the United States was a document of granted powers, and therefore the bill or rights could limit only what was granted; and (b) the Bill of Rights had been added to the Constitution because the people feared that the federal government might oppress them. Which means apart from anything else: that the bill or rights is more than merely “window dressing”/ it is a valid and real part of the Constitution of the United States. Therein we may seek out, and use its words to apply the distinctive jurisdiction required by the need to supplement the coming arguments, applied within “ original jurisdiction”.

This case then begins with the simple words: since the beginning of the nation, apart from the realities of chaos described by the civil war/ the need for intervention and understanding by the people themselves could not be more clear: this case is about their lives/ their future/ there money and securities/ and a corruption of government both in the state of IL and the federal government of the USA, in plain and clear evidence/ that must be addressed with trial, to test the evidence and determine the truth, to protect the nation, and the state. Therein “the public has an undeniable direct and positive interest”. Because this case is clothed with the public interests of both the state of IL and the USA/ a corruption of the court in both, clearly is in evidence as well. The foundation of the first amendment redress of grievances controls. That redress is a constitutional decree of original jurisdiction in the matter of trial, for the government official, and speaks directly to the court: demanding adherence to its jurisdiction over the employees of the court, and other forms of government. Amendment 1 IS: A DIRECT APPLICATION OF RULES given to the employees of government, of which the judicial department is one/ and they state in these words simply. “OUR EMPLOYEES , shall not take it upon themselves to rule the people/ their rights of ownership shall be preserved”.

As to the bill of rights, those things clearly granted to the people of the USA, quote “a declaration of rights made by the representatives of the good people of virginia, assembled in full and free convention; which rights do pertain to them and to their posterity, as the basis and foundation of government. Adopted by the founders of the USA on June 12, 1776/ and held as valid by the american people ever cense. Taught in school/ taught in legal courses/ and fundamentally a document upheld as “government”
Therein we look to the filings of case 07-2040 filed in district court/ and find the Bill of Rights under attack in the following ways: section one, is deceased, or in critical care/ as everything being done to the environment, resources, money, weapons, and the rest is a violence to this right/ this guarantee of our government to ourselves.
Section 2 asserts that the ultimate power of this nation is its people: WE, have the absolute “last say”/ on what this nation shall be, and what we shall or shall not do: and that does mean access to court at every level/ and the respect WE THE PEOPLE deserves. Am I not a citizen/ am I not worthy of stating : liars, thieves, cheats, and murderers are in our midst/ having defended that claim, with evidence. Nor has the court found one single word in dispute of this evidence or these statements/ they merely try to “sweep them under the rug” so to speak. The court defends no one, but the status quo, bringing the statement “is this not organized crime then”? Within this reality, and against these failures of the lower courts: I do declare a need and a right under the first amendment of the constitution of the United States, that this case shall indeed appear at the US supreme court under original jurisdiction. Because we, the nation, do have a right/ I do have a right: to defend ourselves. And the court is ours/ therefore our employees DO have an obligation to investigate, examine, and determine: IF EVEN THE SLIGHTEST POSSIBILITY EXISTS, that even one of the claims, or colors of this trial 07-2040 exists. THEN there is no option, but to trial we shall go.

Therefrom, we will see, if the court attacks the section 3 of the bill of rights/ OR if they too shall consort with treason, and contempt for the people of the USA.

As to the motion to dismiss for lack of jurisdiction/ the motion for a more definite statement!
I AM HERE FOR A TRIAL, BEFORE THE NATION/ against the government employees, which have threatened my very life, my future, my world, and our existence. I AM HERE TO DISCOVER THE TRUTH, AND NOTHING BUT THE TRUTH, AS TO THE ECONOMY, THE WEAPONS, THE MUTILATION OF NATURE, THE RESOURCES, THE FUTURE, AND ALL THAT THREATENS US IN THIS DAY. I AM NOT HERE for rebellion, or any such purpose/ BUT RATHER IN THE TRUE DECLARATION OF DEMOCRACY, WE THE PEOPLE DESERVE TO KNOW THESE VERY THINGS, not by supposition or guessing or gambling/ but by the validity of ownership, and the reality that our lives, our nation, and our world are literally threatened. To that end, much has been said/ much has been provided; and it is up to the court to prove “A lack of knowledge”/ is not merely a frivolous and irrelevant statements. It is, Without merit/ and lacks honor, courage, or duty.

Do to the consequences for a nation, it may be indeed true: that jurisdiction is not possible within a district court of the United States of America. Leaving the only possible courtroom with that kind of jurisdiction, the United States Supreme Court.

Trial moves to the UNITED STATES SUPREME COURT/ under the 1st amendment. Let them respond.

Do to the extreme nature of this matter, the court will provide lawyers of my choosing [so that this fraud, this farce of justice shall not be continued]. And will provide advertizing/ the money necessary for trial. And all such things.

And just so there can be no mistakes; the invasion of my right in any form or manner/ protected under the first amendment of the constitution, as free speech: “etc”/ would be a criminal trespass, a violation of basic rights, and not tolerated.

James Frank Osterbur


DATED 5/ 9 /07


acs-support stop 813 G USSC building
box 145566 1 1st st NE
Cincinnati, OH 45250-5566 Washington DC 20543
(The beginning of trial)
the honorable Alberto Gonzales
attorney general of the USA
US dept of Justice
10th and Constitution avenues NW
Washington DC 20530

office of chief counsel IRS
200 W. Adams st. Suite 2300
Chicago IL 60606

and one copy hand delivered to the US attorney located on the second floor of this district court/ in Urbana IL.

And to the following, as well




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

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