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THE UNITED STATES COURT OF APPEALS

SOUTH DEARBORN ST

CHICAGO, IL 60604

APPEALED FROM THE US DISTRICT COURT EAST CENTRAL DISTRICT, OF THE STATE OF IL, URBANA DIVISION

CASE 07-2040

DATED: 6/04/07

JAMES F. OSTERBUR

2191 county road 2500 E.

St. Joseph IL, 61873

V.

THE UNITED STATES OF AMERICA

THE INTERNAL REVENUE SERVICE

As is consistent with the demand of the supreme court, wherein an appeal must be considered by the appellate judges involved, the reality of this appeal is registered/ although we both know the outcome prior to their decision. Justice or fair play is extremely unlikely/ but let them prove it is so: they have the entire court docket of the district case to go over/ they have the addendum of may 29, 07 to review/ as the district court refused. Prove this is not, A simple matter of “When the fox is in charge of the chicken house/ he or she believes, nothing can go wrong: we do what we want”. Such is this case of an accountability issue with the state government and/or the federal government. Like all thieves and liars/ once caught in the act of burglary or fraud or whatever; very few simply admit to the crime/ all simply say: prove it, even when they are holding the evidence to convict them in their very hands. The employees of a courtroom in the United States of America hold that they are immune/ that they are sovereign in their right to control the courtroom and do whatever they please. It is not the law, that has been dealt with here in this case by the officials of court! They do not make any pretense of law in their denial of the case in question/ they simply say “we don’t want to”. Neither do they follow the law, or the authority of the constitution/ they have instead simply assessed “they are immune from the constitution and its demands upon them”/ since they have no defense against the 1 amendment; again they make no such statement pretending it doesn’t exist. What should we then call the judges who do this “fools, traitors, burglars, frauds” what do you think? Honorable it is not! For they take the law and throw it away/ they take the honor and disciplines and “treasures of the people” their rights as provided by the 1 amendment/ their rights to due process provided by the 14 amendment/ their own obligations as demanded by both; and the demand to intervene in a controversy between the state and its citizen and pretend “he’s just an ass/ a little fish in the sea, that we can ignore; what can he do”? Are they not right? Really are they not right/ because in terms of reality I stand as only one man, making a demand under the whistle blower act provided by congress “to address all such deviant actions of federal or state employees”: which the judges also disavow. I stand as only one man, in need of a life that cannot be thrown away to war/ because the thieves have left our reality to guns. Do you not believe a very lot of people will be filled with hate at finding themselves broke and penniless / or the young, when it is recognized not only are they left bankrupt, but have been assassinated by their elders who “threw it all away”. Or how about the issues of resource loss, which is coming soon/ an ocean dying/ a war that could not be more certain, because that is what men do, when pushed: they simply kill each other, to solve the question, of who gets to have anything. Too bad you cannot support your population growth, it is literally eating you out of house and home. To bad you have your saviors, the weapons of mass destruction you cannot survive; you will use them! Because their will be terrific struggles coming. Too bad you got “smart people”/ because they are too dumb to see past their own shit; just how it is, when you got your head up your own ass, most of the time. “The smart people” are not simply decided by a diploma, the reality is “every righteous person/ every plotting planning individual, that intends to “out-think another” leaves a trail of sorrow, that others must negotiate; and therein become lost, because they are watching only their feet/ and not their future.

It is unrealistic to prepare a legal statement of the kind the court would insist upon/ this is about thieves and liars in government, about true and real change that must be done, or you die from your own failures. I could spend a little time and prepare something more but it is pointless: the foundation of the work has been prepared in this district trial case 07-2040. That means simply as has been done in two previous cases I joined into one/ and presented in federal appellate court: they simply “made up a story, pure fantasy about Christmas displays on the courthouse lawn” and dismissed the case without justice, without honor, without honesty, dignity, integrity, or anything resembling their job description. It would be extremely rare to find the appellate judges any better in this day; but they have a true and real opportunity. Let them try. This is a trial today, about the evidence of liars, (let the evidence prove who is obeying the law)/ about the evidence of thieves (let the evidence prove who is being cheated of their rights, and privileges and immunities under the law)/ about the evidence of treason ( with the nation in danger, where even a child can recognize “we should investigate, examine, and decide if this is true”) the court says: “Its change/ and we fear it terribly. Its not what they are paid to do, “protect the wealthy”/ and they refuse. Let them prove otherwise/ let the evidence convict or set free. But remember this, as WE THE PEOPLE, today either you will inherit the truth of these words/ OR you will surrender them to be slaves: because there is no other way, it will be one or the other, and if you choose slaves, there will be war and hell and Armageddon (nature in chaos). It will be proven to you/ but not by me. I say to you only: GO TO TRIAL, AND PROVE YOUR LIVES YOUR FUTURE, BEFORE YOU DIE. MAKE YOUR OWN DECISION/ BUT FIND TRUTH AND REALITY FIRST!

As to the public at large, make no mistake this is the result expected from the district court/ several trials earlier, each ending in this manner/ each fundamentally correct and critically useful to society/ all denied without honor, no honesty, no justice or right or law: just employees who believe they are “the government”/ and they are immune, from the public. Were the preparation enough to learn the reality. Consequently this is a trial of the court/ in full public view: that you may see exactly what is true, and the world as well. You are then reminded: we are the government/ they are the employees. We have rights and immunities from the employees of government, and you are expected to recognize these and defend them. You are reminded, the world Is not filled with honest people/ instead it is filled with people who want/ and people who desire pride and its companion “the arrogance to make you a slave”. If you will not control them/ then they will control you. If you will not limit the power to any and every individual throughout the nation/ then you will have graft and corruption and the diseases of lying, cheating, and stealing. If you will not rule over your Government officials/ then they will rule over you. The reality is simply: we outnumber them completely. The truth is simply: money is just a number, unless you accept it as real/ credit something we can control together. The wealthy, are merely those with numbers without meaning. But the people who control the necessary resources/ or the important realities of life, DO have power over people: therefore it is WE THE PEOPLE who must control these. The question of the day is simply: how do citizens control their own government? The answer of this day is WITH THE LAW. Understand it/ recognize the reality/ use wisdom to define its truth: and make any traitor that is willing to take it away from you “pay the price, that is fair/ NOT an example, but a reality in honesty and truth. It is not the judge who controls the law/ it is not the police who control the law/ it is not the legislature that controls the end result of what will be law: IT IS US, EXAMINED WITH TRUTH, AND HELD UPRIGHT FOR ALL TO SEE, BY A VOTE THAT IS HONEST, HONORABLE, AND TRUE. WE ARE the government/ that means together as one, we are sovereign to the nation: not our employees. WE are, the rulers of this nation/ and you can prove it by sheer numbers, and work.

Instead of arguing with them, in case you haven’t noticed: this case is about you, WE THE PEOPLE of the United States of America. This is a case of recognition, a reality of trial in the true sense of the word: That is the nation itself, clearly demonstrated is the reality of a need as a nation; for your help/ for your duty to life. Clearly shown is a reality and truth, that must be addressed/ are you a patriot or just an ass, playing instead of proving you are a soldier to be depended upon. Clearly and definitively revealed is a “justice department of the government”/ held together by criminals. Do they follow the law? NO they do not. Do they honor and accept the authority of the constitution? NO, they do not. Do they act in any way that would fight for justice, or life, or the nation, or anything honorable? NO they do not. Instead, as is clear and will be further identified as the evidence of this case: they have “ganged together”/ and use their robes, and their positions as a means for organized crimes against society.

Is this “too much”? Let us look at the filing of 6/ 1/ 07 : motion to dismiss is granted/ case is terminated. Michael P. McCuskey Chief US District Judge. He states “he looks at the filing provided on may 21, 07 by me/ no mention of what is clearly an addendum to that filing on may 29, 07 by me. “Just couldn’t be bothered”? I doubt it, as they would be looking in fact for any justifiable cause/ it would have been read, and it is clearly sufficient that I presented it to the court prior to its opinion. A de novo review means: this chief justice “takes the blame”/ it becomes his own action, to make this decision; he has reviewed it, and accepts the arguments of the previous judge and lawyers for the defense. He agrees the actions of thieves, because by the evidence, the american dollar has been inflated by the use of credit, to bankruptcy/ and there is NO other way out. He agrees the tragedy of so many lives affected by these traitors who would not “pay their own bills”/ and the employees of government who made it happen are irrelevant to the court. He agrees the failure of the nation, when resources are completely lost/ when the environments are dead/ when the chain of life is broken and cannot be repaired, is worthless dogma to him can’t be bothered with mere death and murder. He agrees that nature the genetic code: this is the reality of instructions that build the complex structures of life/ that form the multitudes of chemical factories that build life/ that are the foundation of our existence, our food, our world as life, our everything; are just the mindless ranting “Of a fool without better things to do”? Could it be any other way? Only if the organization of criminals controls the judge. Because the evidence is quite clear/ and the demand is for trial to prove this is in fact true. The reality or consequence of world war/ the demand of 2 million more people added/ than deaths, to feed, and water, across the world each and every week is just stupid, can’t be bothered. The reality and consequence of a ignorant and blind force of people without sense, but plenty of numbers to do with as they please: who are intending to turn the USA into a war zone for water/ as it is clear, we cannot sustain, nor can we consume all the water necessary for ethanol production: without dying up the water reserves and turning life into hate, as water cannot be negotiated: either you drink, within three days, or you die. That leaves no room for anything but death. And there will be tremendous killing, once it starts: as anger for everything together, including the court and its police becomes nothing more than a flame out of control. You will never stop this madness once it is out of control/ YOU MUST stop it now, with truth and life, and reality: and that means true change, and nothing less. DON’T WANT TO/ Tough shit, grow up or die. “This judge agrees with frivolous”, a charge made by the previous judge he is an ass, but truly not a surprise here. The court does pretend “we win”/ but not by the law/ not by fair play which is truly, “the law decides, not the judge/ but truth and the agreements of society, that this is fair, or not”. The position of equality, that I present to this court, and its judges, says: WE ARE both citizens here, in an honest court of law, the law decides/ therefore we are equals, before the law. The judges disagree/ and destroy the law with their contempt. The critical question has never been about “all the games you play as a nation/ not as employees of a nation/ not as a people who want more than they can even dream of, “all saying make me proud/ make me rich/ make me slaves to use as I please”... All accepting “the lies are free/ pay later, means: simply LET THE CHILDREN PAY.” All these things and more “too much for the court/ too much for the media: but then the employees of government undermined the news and the press, and sold their jobs, “to the greedy and the powerful/ to let propaganda rule the air waves/ and tragedy rule the people: its your job/ OBEY ME”, IS THE CRY, of every editor and owner. Prove it is not so. The reality then: the 1 amendment, freedom of the press; sold “to the highest bidder”. Not exactly protecting the 1 amendment is it/ not protecting the nation/ not protecting the people/ just organized crime and treason to the nation and its people. There are now 3 appellate judges in your way to trial/ and from there 9 supreme court judges; all paid recipients of those who demand the status quo/ “or else”. It need not be explained further, anyone can be threatened, anyone can be killed, maimed, crippled, family attacked, position and securities bombarded with lies or innuendos. Think you live in a country that “cannot happen in”/ you are wrong, a human being is a human being no matter where he or she lives: and there are plenty so filled with pride and hate, they know not anything but the jealousy of revenge, plotting, planning, and failure; like every other form of “terrorist”, the wealthy, proud, powerful, or selfish all have their “secret means of getting their way”. So then, “do these judges have an excuse? No, they do not, because reality assigns them to a degree of exposure that limits their current susceptibility; mostly because they behave and do what they are told/ don’t need to threaten them. They are carefully selected. The consequence of no more than 12 judges/ no more than 2 courtrooms left to go: IS AS SIMPLE AS, your understanding of WE THE PEOPLE. The fundamental question is then: who is really in charge? Are WE THE PEOPLE in charge of this government/ OR did you surrender that when the reality of money and sound bites let propaganda and tyranny lead you to the door of hell. What do you think, “Is all you got, the right to vote for someone else to vote for you”/ or are you and I and every other citizen here, “the government”. Although the constitutional documents are the government/ they are completely dependent upon the living people doing what has been agreed to do. Therefore read the preamble to the constitution/ read the bill of rights/ find out what the declaration of independence was really about: and learn that democracy is a long term battle, that must simply be fought again. We are overrun with idiots, fools, the stupid, and the ridiculous: they have robbed, stolen, taken over government by consuming honor, honesty, and discipline/ and these employees have done nothing but sent us to the edge of death: because the future is as blind as a snake in a bag to them. Either “get some eyes”/ or you will live in that bag with the snake, and neither of you will like it. Go to trial, and see your future.

We go to appellate court now, to see if they have any backbone/ any sense of duty or justice in them; I do regard it as unlikely. After all, these are positions appointed by people who owe favors to the wealthy, and the proud/ “Its their job, to keep the status quo going/ keep the little people in line: or more correctly, keep the powerful in power/ keep the money in place with the rich/ and don’t let anyone interfere”. And they do take it seriously, after all, “can’t get no whore’s for going against the grain/ no money or perks either.” After we entertain the appellate judges/ then we enter the final stage of american disgrace, the supreme court: wherein all the judges who have been appointed by the government officials that have been lying, cheating, and stealing; get their say. It is unlikely they will accept the challenge of justice, fair play, duty, and anything resembling integrity for their jobs. However, Let them decide, let truth have its say, and let only the evidence convict/ this case will enter as a writ of certiorari: because the US constitution gives this court an authority over its procedures, so the case will obey, because no excuses is its truth. After the supreme court denies the first amendment without any cause whatsoever/ ONLY THEN, does the right of public demand and public protest take its rightful place, to prove public authority over government and its employees. Only then, does it become the public case that it is intended to be/ if the court denies the validity of a right to petition the government for a trial, to discuss what is going wrong with the country. The first amendment is NOT a political right/ it is a LEGAL RIGHT, guaranteed immune from “government officials tampering with it”. That is a legal requirement of the employees of government, a legal right of the people. If the supreme court takes the case, we go to trial/ if the supreme court makes any claim as to denial of the 1 amendment/ it will be met with reality: that reality is WE THE PEOPLE, DO HAVE RIGHTS/ AND IMMUNITIES PROCLAIMED AGAINST ALL EMPLOYEES OF THE PEOPLE. THE FIRST AMENDMENT DECLARES, IT IS THE JOB OF THE JUDGE: TO PROVIDE FOR THE CITIZEN, THESE SPECIFIED RIGHTS/ AND THERE IS NO IMMUNITY TO REFUSE/ THERE IS NO SOVEREIGNTY BEYOND WE THE PEOPLE. Legally they must obey the law. No judge is immune from bad behavior/ no government official is sovereign to the nation (are they king/ queen/ or god)? NO THEY ARE NOT. Just another lie. But we will see, whose side they are on. We will find out by the evidence, if WE THE PEOPLE actually exists in the framework of the courtroom of the United States: OR if we must clean house, and “throw the bums out/ and seek punishment for the criminals.” Just another “dirty job”/ that must be done. Like it or not.

Beyond the supreme court is reality/ beyond reality is the truth of WHO ARE YOU AS A NATION/ AND AS A PEOPLE/ AND AS A TRUTH OF LIFE. Failure means you surrender, and let the world and the nation go to hell and Armageddon. There is more than enough evidence to prove it is necessary to take these descriptions seriously. An absolute reality proving, there is no going back if you are wrong/ therefore it is life or death, and that means the courtroom is and must be used to address these realities and find the truth, one way or the other/ before you are dead. Religious descriptions aside/ the reality of no food, no water, no resources, no possibility to survive “scientifically driven chaos”, etc are all evidence of a possibility descriptive of the prophecies of the Christian religion. The REAL THREAT none the less, apart from any religion, is absolute and adequate to this need to say WAKE UP: therefore used, by its terms for “adjectives useful to say wake up”. If you fail, I will be proven correct/ but what good is that to you or me; it is nothing! As you die/ from your own decisions and your own tragedies, because you “simply didn’t care enough”, to learn the truth! This becomes your chosen fate, OR you will change it truly and honestly, and go to trial as a nation: cleaning out the courts, AND the nation, from all its “debris”/ starting over as trial allows you to see and do and declare what is important to you. If this is too much for you to bear/ don’t worry, HELL AND ARMAGEDDON “can’t be too bad/ do you think?” Just ask any “smart person”/ they will tell you; after all, they brought you here, to judgment and disgrace: because they are filled with lies and deceit. Are you not bankrupt/ you are: are you not threatened by everything around you simply because you don’t care enough to open your eyes and understand the consequences/ yes you are (believe it or not, because like a house of cards, it is all ready to fall): are you not threatened by your own lives, your own decisions no matter who you are, because you too have grasped want, lust, greed, power, hate and more/ yes you are, because you thought more of want and pride and selfishness than you do of life/ your desire is “to be god”, but you cannot. How pathetic you are/ you believe life is a game, or not worth living unless surrounded by greed and pride and lust and worse. GROW UP, or you will die/ I will not help you die/ nor will I help you pretend to change: either reality and truth will agree change is real, or you are abandoned.

This case and its appeals now have a life of their own/ because the verdict has begun in your own hearts and minds, as the citizens called WE THE PEOPLE. No more real legal arguments need to be made. No further efforts are actually required by me. Although a couple more filings will be given from me if I live (a statement derived from power/ pride/ selfishness, and the failures of men)/ the reality is “YOU can file these things as easily as me OR you CAN simply say to the court : you will do this, for us. You simply say to the officials in government: NO MORE shall you supply the courtroom with people who you control “the fox is guarding the chickens”/ and it is out of control with lies and failure. WE WILL GO TO TRIAL, and we will find the truth, and we will discuss our reality and our future today. Those citizen officials who propagate the courtroom occult, calling themselves judges; are reduced from their positions of power, to the honesty of a reality “that it is their job, and nothing more”. Is it not clear, that justice is a product of simply being honest and using the law honorably with truth? It should be. Discard all the lies/ throw out all the bums/ disinfect the court from its latin and all its other corruptions for power; and so on. They are not the government/ nor is the president/ nor the legislature/ etc. Instead we the people are the government, by the decisions we do make/ and the demand we make of our employees. No employee is immune, not the president/ not any judge/ not any employee at all: instead so long as they do the job with honorable intent, following the law, and the constitutional demands required of them, they do have an honest right to their authority for the sake of our government. But if they act “immune to the law/ or sovereign to the people, declaring themselves as gods” : then they are to be impeached, imprisoned, or as fair play would deal with those who have organized hatred. Simply put, “we outnumber them thousands to one/ we do the work/ we are the military in every uniform/ we supervise the reality/ and it is OUR RIGHT to make the decisions that become our lives. We are so many in fact/ that we cannot be threatened, but by weapons of mass destruction: or your own failures. But both of these exist, and are real threats to our lives. Irregardless of what the courtroom decides, with its judges who declare themselves immune from all things, playing “king or queen”/ they are merely citizens “dressed up like mafia”. The reality is, WE THE PEOPLE, are going to decide whether they go to jail, or not. WE THE PEOPLE are going to decide if this nation goes to trial, to define its truth. WE THE PEOPLE are going to become the government for real/ or you lose everything. This is not a game/ this is about life or death, for you/ for the children/ for the world/ and for the nation; and those who play Are traitors, because the evidence of a need to investigate, examine, and decide by truth/ and not lies, Is absolute. Sufficient reality exists that no matter what you think, or what you believe in: a trial to discover our reality without lies, is in fact paramount to our survival. Therefore it is desertion to play “the games”/ it is suicidal to hide in the dark, wishing the storm would not come, when it is already outside the door/ it is fundamentally tragic to believe that want, or pride, or selfishness, or power, or fear can save you: when only truth, honor, friendship, and life can or will defend anything of value. Either accept your duty/ or die; it is not a hard choice.

MAKE YOUR DECISIONS.

And do pray, “that they are not your last, forever”.

It is your life/ it is your death/ it is your end of everything/ and the assassination of everything called “a future for this earth”. But to choose life/ YOU must defeat your pride. To defeat your pride, you must defeat your want: and go to trial, so that truth can lead you, and reality choose to defend your life from chaos. If you will not/ then it is an ending for you. And instead of life, “you will enter the dimension called: the living dead”. I am not a decision you can make/ I am a messenger: don’t forget it. And don’t let them pretend, “I do not matter to your decision/ I can only help you attain honorable change, if women are willing to accept their own reality and truth.

estion/ they simply say The reality of change requires women/ there will indeed be NO significant change without them, they are essential/ and they represent “your saviors of this day”. Because they are different/ they WILL choose different ways. Simple as that. The reality of men, is an assumption of battle/ the reality of women, must be “life first”; that is your job, and the need of this world. The essence of life says: if you will not enter into the ways of thought, you cannot survive/ the end of humanity has come. The essence of thought says: simply “you must be willing to venture beyond the rules, beyond the want and games, beyond all the simple things of predator and prey (beyond the fears they have taught you), to experience life as a human being was meant to live. If you can indeed think/ then teach the others how: by giving them the tools to enter inside themselves and ask the simple question “what is life, if not a treasure in your reality”. Begin your journey/ understand your ways, and be new. What is life, if not truth? The answer is, “Death”.

Opportunity is then herein given to the court, the media, and all interested parties, of a simple truth: that this is a WE THE PEOPLE reality, and the determination of its outcome will be decided, by those who care enough to defend their lives, their nation, their world, and life itself. Make your decision.






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/ ON THIS DAY.


DATED 6/ 04 /07

RE: THE FEDERAL TRIAL 07-2040

AS HAS BEEN FILED and TERMINATED; IN THE FEDERAL DISTRICT COURT, EAST CENTRAL DIVISION IN THE CITY OF URBANA, IL.


JAMES F. OSTERBUR

VS

THE UNITED STATES OF AMERICA

AND THE IRS



TO THE FOLLOWING ADDRESSES

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 to the following, as well



PBS 2100 CRYSTAL DRIVE, ARLINGTON VA. 22202


CNN ONE CNN CENTER, ATLANTA GA 30303


NBC 30 ROCKEFELLER CENTER NY, NY 10009


ABC 7 W. 66TH ST NY, NY 10023


CBS 524 W. 57 TH ST NY, NY 10019


Associated Press 15 E main Champaign IL 61820


USA today 1602 english oak dr Champaign IL 61820



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”!


 
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