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Appeals on July 1, 2007 Print E-mail


CASE # 07-2299
DATED 7/ 1/ 07

JAMES F. OSTERBUR (Acting pro se, and without assistance)


APPELLANTS petition for rehearing (let the judge state clearly the law, and his reason; in his termination of the district case)/ and or appeal if not sent back to district court; for substance and review.

Titled: the facts are, constitutional law is sovereign as defined by constitutional documents/ WE THE PEOPLE are immune from being excused from the court in matters of an accountability by the employees of government: so says the 1st amendment. “Redress of grievances”/ a legal right/ not a political one.

appealed from US DISTRICT COURT for the central division 201 S. Vine st. Urbana IL 61801 case # 07-2040 . With standing in the federal trial
case # 06 MR 726 as filed in Champaign Country Court, Urbana IL James Osterbur vs state of IL and IL IRS

noted: the right to justice/ appeal/ or trial: IS NOT dependent upon the color of a brochure/ etc. While you may complain as to the identification marks of a particular document/ that too IS NOT sufficient to destroy my right to appeal, or the justice assumed by a proceeding in a courtroom of law. This is fraud/ and literally obstruction of justice! You are outside the jurisdiction of your legal rights. FILE THIS DOCUMENT, and quit complaining about “your trash”.


DATED: JUNE 15, 2007
APPEAL NO: 07-2299
Chief Justice Michael P. McCuskey


2191 COUNTY ROAD 2500 E. ST. JOSEPH, IL 61873

THE UNITED STATES OF AMERICA {more specifically, its employees for WE THE PEOPLE}
THE INTERNAL REVENUE SERVICE {more specifically, the employees in charge of the money collected from the people}

as case # 06 MR 726 filed in the Champaign county courthouse, Urbana, IL 61802


The judges of the district court, call these needs “frivolous”/ although the minimal evidence presented clearly states according to the treasury department own accounting: WE AS A NATION ARE COMPLETELY BANKRUPT/ AND AS A STATE AS WELL. WITHOUT POSSIBILITY OF ANY ALTERNATE OPTION, SIMPLY BANKRUPT. Allowing the numbers generated and held by some/ to make slaves of the others. The reality of loss, sufficient to conceive of civil war; without intervention as in court.
My authority is the first amendment ....right of the people to peaceably assemble and petition the government for a redress of grievances/ I NEED NO OTHER. THIS IS THE LAW. And I have immunity, from the employees of government circumventing the most sacred amendment of the constitution. I have sovereignty, as a voice clearly defined as WE THE PEOPLE/ is this not our lives, our money, our future, our earth, and more! Truly it is nothing less, and the first amendment is a legal right/ not simply a political one. You are assigned by oath to enforce it.

THE JURISDICTION TO HEAR THIS CASE, is fundamental to the constitution and WE THE PEOPLE. The evidence and the argument is clear, valid, supported by fact in life and in truth, and it is a foundation defined by the first amendment: that we the people, are sovereign, and NOT our employees. There is NO ONE, who sits or claims to be king or queen over us! There is NO one, who may declare themselves more important than WE THE PEOPLE. WE ARE THE GOVERNMENT/ and anyone who attempts to take that away, is a traitor to the people, and a thief. THEREIN original jurisdiction applies, as this is our need, and our right to investigate, determine by the evidence, and extract justice against those who have defiled and disgraced and disrespected our name, our nation, and our world.

I AM NOT, ASKING YOUR PERMISSION/ I am telling you, this is your job, and you must do it. Failure to comply, is subject to WE THE PEOPLE, and our jurisdiction over you.

I/ we the people, Are presented here, for the purpose of trial. Simply and without judgment: the presentation of evidence, and the penalty as required by truth or lie. BEFORE THE PEOPLE, AND THE WORLD. This is the precise relief sought, and all that must occur with it.


Revised appeal in the US appellate court


I am filing a petition for rehearing/ as the duty to be respectful of the process requires the minimum cooperation of a judicial process that cannot be excused for lack of REASONABLE PROCEDURE content. It is then restated: the assumptions of the court, to redefine and restate the litigants in this appeal of case 07-2040, and remove the primary litigants charged with corruption, graft, and treason as is the employees of the people of the United States of America, shall NOT be accepted. This court exceeds its authority, and declares itself the litigant/ which apparently makes me the judge; because they can’t be both. The litigants remain “the United States of America employees/ and the Internal Revenue Service, employees of the USA”. The new address of the IRS shall be added, the others remain the same. The failure of respect/ the failure of honor, are they not stealing my right to go to court, as I see fit. The failure of justice, the apathy and arrogance of absolute pride in believing they can exchange substance/ for a belief that I want something from them. I do not/ instead, this is the collection of evidence, depicting the courtrooms of the USA as they really are/ NOT as they pretend and lie, saying “we fight for justice/ and protect the american way”: instead, they are at war with the constitution, which gives me rights, and immunities against them. Every amendment is about what the employees of government cannot do to me, or against this nation of we the people. Every judge takes an oath to protect and defend the constitution, yet the very most important part of the constitution is WE THE PEOPLE, and they spit on it, as if I/we are nothing but dirt and disgrace. The slander, “that they know better than me, about who I shall or shall not bring to court/ the thievery of declaring themselves sovereign to the nation, or if fact they call themselves the government of this nation: means literally “they regard themselves as gods to us/ or at least kings”. The court steals the immunity allowed to those who do a “good job”/ and gives to all, who attain the position immunity to do almost anything; they are blatantly traitors to the constitution and the people, siding with those who steal and deride, and disgrace us; throwing respect for the people and for justice in the trash. I am here for my first amendment constitutional rights, and nothing less. Should the court decide to accept tyranny and disgrace itself further/ I leave it to the people to decide a “suitable punishment”. Those who desert, those who cast aside their duty and their oath, and their sworn statements of responsibility and honor, are worthy of complete contempt, or much more when the nation itself is at risk. PROVE THERE IS NO RISK OF THESE THINGS, AND YOUR PUNISHMENT ABATES. FAIL, TO PROVE THERE IS NO RISK, AND DISCARD THE LAWSUIT AS TRASH; and eternity will hold a special place for you [said only because the consequences are grim, and thereby deserve a personal warning/ you need not believe, eternity will prove it]. Did you not ask for this job/ did you not say to yourselves “how great we are”; prove your value/ or be called worthless. The purpose of this lawsuit, and its appeal, being in brief: a demand to investigate and decide by the evidence of truth, the reality and the decisions that we face as a society/ before tragedy overtakes our lives; even more than is currently waiting to “rattle and shake” the foundations of this nation. As has been stated, as has been provided by minimal evidence presented: the people in charge of the money called the american dollar, HAVE LIED, CHEATED, AND STOLEN THAT MONEY, and have indeed made us all bankrupt by their failing. As it is the IRS RESPONSIBILITY to insure “the government institution” that works for the people of the USA; gets its money! It is then their responsibility to look after the money that is collected; did they not take it? Are they not a functioning part of the treasury department? Can I take the treasury department to court in any circumstance? NO, I CANNOT. Therefore the IRS must be the one to answer the charge: how is it, that each and every single worker should have a 2 million dollar debt [divided equally] on each and every single head. Or how is it the low estimate for claimed assets of the USA should or could now be claimed at $400,000.00 apiece [divided equally among 300 million people]. The employees of this nation, HAVE ROBBED US BLIND. HAVE TAKEN OUR SECURITIES, HAVE INVADED OUR HOMES AND OUR LIVES, AND THREATENED OUR FUTURE. And the court calls this frivolous. Bastard’s and fools, by any other name; deserters and liars by simple expression.
It is now your turn to decide: if you will do your duty, defend this nation, or run screaming like a child. A failure by every definition.

The purpose in brief: having assembled the necessary understanding as to the future of this nation, by its decisions both current and past, it is absolutely clear that weapons of mass destruction are “not our saviors”/ but merely represent an undue and arbitrary failure of both military and political leaders of this nation to inflict upon the world itself a threat so heinous and so horrific “that they believe they are gods”. They are NOT, and must surrender these threats as soon as is humanly possible by fundamentally establishing world law, and a world police instead. This is not a game, this is not a political request, THIS IS A RIGHT TO LIFE, AS SUPPORTED BY THE CONSTITUTION OF THE UNITED STATES wherein its most simple form of disclosure is the preamble to the constitution itself. We the people, in order to form a more perfect union [threats of death and world destruction FAIL HERE], establish justice [NONE of that here, every single weapon is a failure of all employees, and every individual who does not work for their removal], insure domestic tranquillity [ YOU have provided the essence and the means to drive the nation into its current state of financial disaster “they are going to kill us” hurry and get what you can], provide for the common defense [nothing could be more lame, more diseased, than to state “death to the world, is our savior”; YOU ARE MENTALLY INSANE], promote the general welfare [not only is all the money gone, because the leadership is so extremely incompetent, the foundations for civil war are all clearly in place; you the employees of government have stolen their future, their lives, their money, their security, and the lives of their children; because you are cowards and thieves.] Secure the blessing of liberty to ourselves and our posterity? It is a fool, and the mentally deranged who believe in a governing body of people, so disgraceful and diseased, that they sell “the soul of the nation” to the bigotry and prejudice of “we cannot trust them, therefore let us inflict fear and prove our weapons are more heinous and disgraceful than theirs. Are you not PITIFUL LITTLE WEAK ASS BASTARD’S, spewing shit with every step; Liars, Every one?

The purpose IN BRIEF: is, the foundations laid by this nation, are the consumption of every resource possible, WITHOUT REGARD FOR ANY OTHER LIFE ON EARTH/ WITHOUT REGARD FOR THE FUTURE/ WITHOUT REGARD FOR ANYTHING OTHER THAN WANT AND PRIDE. That means literally, the future is dead, because without resources, there is no life. That makes each and every contributor to the Desertification, destruction by any means, and absolute failure by all means: of those whose only desire is to consume and consume some more, is called an assassin; because you earned it/ a murderer by any conceivable truth. Does the court not conceive of murder, is the court not an instigator of murder by failing to protect, is the court not an accomplice by destroying the opportunity to change the future, by investigating the truth of our right and our reason to behave without restraint. YOU HAVE FAILED/ or you will go to trial...

The purpose IN BRIEF: Is, to understand the reality of “their big science”/ and its fundamental and tragically malignant “death sentence” that these pitiful snakes are inflicting upon our lives. The need to intervene and protect our world from invasion of the insane and wholly incompetent and inept/ the fundamentally STUPID/ the critically IGNORANT/ and those who just don’t care, could not be more necessary. Armageddon is nature in chaos, a prediction from religious sources/ BUT A REALITY that is clearly taking shape today; GENETICS ARE NATURE, they build our bodies/ they put your eyes in your head/ they attach your arms and legs and give you balance/ they are everything called life, but its energy and freedoms and thought. The apathy, the failure, the disgrace, the stupidity, the incompetence, the blatant arrogance without any sense of responsibility, and a thousand words of truly how stupid can you be; are not enough to demand how insane you must be. Add to that the demand for fusion, “atomic fire”/ and its reality, everything is fuel, means the whole world would quickly be on fire/ as nothing exists to put it out “a lake of fire”. The people at C.E.R.N. and other places who insist on trying to create the most destructive force the universe has ever seen, “aren’t they so smart”. The consequence of nano-technologies, that prove even the smallest change at sub-atomic levels, can create big changes; does not the evidence of all your chemicals/ all your genetic mutilations/ all your pollution’s, not give you a clue? Does not the sudden influx of “everybody knows someone with a major disease or cancer, or problem” not give you the slightest suggestion “something has gone wrong”? Can you not grasp the billions of tons of prescription and non-prescription and illegal drugs/ the billions of tons of poisons you throw on absolutely everything/ the tragic compulsion of believe everything you hear, everything “the wise people” tell you (or the television, whichever comes first): “can’t be hurt by genetic mutilation/ can’t be hurt by anything the FDA You are so blind, so insane, and so arrogant “you cannot see the forest, for the trees”. The human reality is perched on the edge of HELL, and this is a trial to determine reality, and the need of LIFE FIRST, NOT BASTARDS AND IGNORANCE.
And the court fails. In every sense!

The purpose IN BRIEF: IS, a method of stating “the obvious” that predator and prey are the games being played in this country. That millions have been duped and tempted and coerced into debts beyond their means, so they could be turned into slaves. That reality becomes a fundamental collapse of dignity, integrity, respect, and turns society into hate/ instead of cooperation or responsibility. And for what, “to let the little perverts have fun”/ SHAME ON YOU! The foundation of this UNITED STATES OF AMERICA is justice, equality, happiness, and hope, through limits on power. Through opportunities to peacefully remove and replace those who have proven themselves un-loyal, unwise, and without honor or duty to life, so that ALL MAY EXPERIENCE PEACE AND OPPORTUNITY IN THEIR OWN LIVES. NO WHERE in any constitutional document will you find; “Let the bastard’s, the pimps, and the whore’s / the predators, and their desire to make people a prey: take it all”. This is not a part of “American government”/ but our current situation, merely represents the failure of its employees, and their own leadership to surrender the nation to the consequence of absolute greed and power and pride.
A court in disgrace.

The purpose IN BRIEF: IS, TO INVESTIGATE, and to examine and decide the future of life/ the future of this world/ and the future of your souls. If you refuse, believe it or not; TO HELL YOU WILL GO. That is not a religious statement/ but a reality statement based upon the intensity of human decisions, and the consequence “YOU JUST DIDN’T CARE ENOUGH, TO SURVIVE.”


Do remember this clearly: I am not here petitioning the court for me. Instead, the reality is as a nation we will make this decision/ the court either helps or stands in the way. The employees of the court, either accept their responsibility to the nation or will be described as traitors and cowards/ “or just another organized group of criminals”. Take your pick.
As to purpose and right for the value of representing myself, under the terms of the constitution. YOU THE EMPLOYEES OF THIS GOVERNMENT, have intervened in my life; YOU by your failures have caused it to change; YOU have taken money from me, because I will not help you in your disgrace of what you do. YOU have injured me, because this is not my choice it is my duty/ as it is yours. But the reality is, “you elected and chose to have your job/ I am forced into mine”. My truth, requires intervention in all these horrific tragedies you have set into place/ it is necessary, because to do less is not respectful to my own life. Therefore understand this simply; when it is clear to me, when I say to myself; they are lost/ you will be abandoned, and you will enter the hell you so richly deserve. REPENT OF YOUR INSANITY, and help me fix and repair our future. Or you will die, because of the choices you made to destroy the very foundations of life on earth. This is not a game / it is life or death! Wake up/ grow up/ or reap your rewards.

The tragedy, is you run and hide, believing life cannot be interrupted. The reality, as is true to every other form of living, the consequence of truth brings life or death. Your truth is, YOU HAVE CHOSEN HELL AND DAMNATION. YOU have worked for ARMAGEDDON, and will receive it/ if you do not change. The fact you don’t like the reality, is irrelevant. The fact you don’t want to change, is irrelevant. The fact your pride is so severe, you prefer to believe in anything but truth, is simply to be your judge; and without change, you are condemned.

There is no resolution to lead you/ there is no intent to save you, “you are saved, by the terms provided in JESUS ”. YOUR choice to believe or not/ nothing to do with me. Either you will accept the price of life, which is the responsibility of your life, to all life. The reality of your honor is necessary to survive. The truth without respect for each other humanity will soon war. Without honesty for the earth and its environments and chains of life, you will soon starve/ and enter cannibalism beyond everything known or called horrendous. And more! It is your choice to use your mind. It is your privilege to enter a “courtroom or courtroom like environment” and discuss your truth, and your options, and your ways/ or not. Judgment day has come/ but you are the judge, and life will not support any more lies. Find truth, or fail. That is the foundation of this message/ delivered to you. Believe whatever you want to believe/ who can stop you! Who cares/ do you? But do remember this: when life on earth has crossed the line, there is no going back/ then YOU have become “the living dead”. It means, Your days are numbered, and to hell you will go. That line is, “the earth can no longer support you/ and your wars to solve the problem, will only make it worse.” The biblical prediction is: the year 2010. Believe it or not. You are attacking every shore, killing the ocean. You are attacking the water resources, and you will thirst. You are attacking every known resource without regard for life, future, other resources, or anything else, just so you can throw it away; you are beyond insane. You have prepared terrorists, with wants they cannot have; a fools game. You have produced weapons you cannot survive. You are growing at over 2 million additional mouths to feed each week. You are attacking the grains you eat with genetics. You are attacking the animals you use for food, with insanity and growing pandemic’s besides; how foolish you are. You have risen to new levels of pride never before known in men, a fact of power/ that will make the new insanity more horrific than has ever been known. You have lied, cheated, threatened, disrespected each other and everything else/ and taught distrust, and disease of the mind instead of life. YOU are a pathetic disgrace/ a pitiful pool of dysentery; not because of the life inside of you, but because your want has consumed you to the point of complete failure/ and YOU “are too important and impressive to yourselves” to even care. Change or be damned/ it is your choice.

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