CASE#_________________

IN THE UNITED STATES SUPREME COURT

1 first st. NE Washington DC 20543

DATED_7- 31- 07

A PETITION FOR EXTRAORDINARY WRIT	UNDER THE ORIGINAL JURISDICTION CLAUSE

ARTICLE 3 section 2.1 of the United States Constitution: the judicial power shall extend to all cases, in law and equity arising under this constitution.....

This is not a motion, or a pleading: this is a right to demand the court shall obey the law.

Pro se, and without council	James Frank Osterbur

2191 cr 2500E St. Joseph IL 61873

vs

the USA/ THE STATE OF IL

for the USA, the attorney general and president

for the state of IL, its attorney general and the governor

the foundation of trial; I HAVE A RIGHT, TO THE LAW!

The foundation complaint: the state of ILLINOIS, the federal district court, for the central division of ILLINOIS, the appellate court for the 7th circuit of the USA; and its appointed legal attorneys assigned for the cases arriving at #07-
2299 HAVE FAILED to uphold the 1st amendment to the US constitution: that being the clause ".......to petition the government for a redress of grievances". A legal right, not a political one! As is proven in IL case 06 MR 726/ as is proven in federal district court case 07- 2040/ as is proven in appellate case #07-2299: the jurisdictional capability to assess and answer this question in these lower courts HAS FAILED. Thereby having only the supreme court for the USA left, is provide an answer: to my first amendment legal right to petition my government in matters that affect me, and this nation/ and the state of IL. Critical demand is given to you: explain and identify the reality of these words of the first amendment/ and prove them in accordance with constitutional documents as to their true meaning & intent. REMEMBERING, as is true of the rest of the first amendment: Immunity, from the employees of government, means WE THE PEOPLE HAVE RIGHTS, that cannot be reduced to trash, or in any other way become a deception or practice of rebellion: WE HAVE RIGHTS HEREIN! BE CLEAR. Explain it clearly; IF THIS PART OF THE 1ST AMENDMENT TO THE CONSTITUTION is not a clear and true: POWER TO THE PEOPLE, to control war/ change government/ remove threats/ establish critical control over resources, equity, equality, and fair play; and more. Therein true democracy is accomplished, and WE THE PEOPLE become the owners as a fact of life, a reality of nation, and a development of truth that will change this world.

I suggest you choose your words carefully: the law is both predator and friend, depending on the choices people do make. WE THE PEOPLE, literally means: you are our employees, as officials of government/ we are not your slaves, no matter who you are, or what position you have achieved.

These are foundation issues in law and life, for the American public citizen/ thereby NO fraud will be accepted. Consequently if there is some substantive need presented by the court for "frivolous details" in presenting this as trial before the court; It is incumbent on the court, to provide a lawyer; to modify what is then frivolous and unimportant, to meet its own needs. The public citizen presents the law/ it is up to the court to respond, for the people, and for this citizen by cherishing DUE PROCESS, and abiding in the foundations of this democracy, and proving what WE THE PEOPLE, truly means. Should I die/ the case is inherited by "all the people"; and shall go on.

Failure of the appellate court is clear in the motion of summary affirmation filed on July 10, 07 / which was the US attorney's intent to reduce and re-file and change the litigation before the court into strictly a matter of not paying taxes on the date prescribed. Thereby a direct denial of the appeal 07-2299/ a direct refusal to rebut or affirm the appellant filling of July 13, 07. Consequently becoming a denial of all matters before the court; a subversion of the law. Is that not equivalent to treason? Is that not, a "battleground attack" against the foundations of this nation called the USA? The law, cannot be denied, in a courtroom of law! Leaving only "the key to a courtroom (an issue of money called tax)"; as was required by the failure of the employees of government; in direct rebellion against the law, and the people. No other method exists, to bring these matters forward/ and have them decided by truth, and not innuendo or lies.

Having proven that equity has failed, because of accounting and financial fraud: return the web site www.federalreserve.gov Flow of funds/ and in particular table L5 total liabilities and assets of the USA to the people; and then we will discuss whether debt and true inflation have destroyed the financial stability or not. Having demonstrated in the foundation of law; the constitution itself, by its preamble and intent: that not only I am threatened/ but my world is threatened/ the future is threatened/ and the children are being sacrificed: because the people who rule today, have no duty in their soul. The reality of these threats, are distinctly and directly in opposition to the stated intent of the people; that is your sworn duty to uphold. Prove this is not so.

YOUR JOB, as the overseers of the judicial authority of this nation; is sworn to protect the children/ protect equity and fair play among all citizens and their government as is run by their employees/ and to protect this nation from all threats. By creating and pronouncing justice. That is your job/ and you have failed in these courtrooms; now it is your turn to prove by the evidence of your truth, where you lead us, and why. Prove there is no threat in all the problems faced; prove there is a right to force the children to pay these debts, or die in slavery and shame, because of their elders, and the disease of their greed and shame..

These various entities being forced to recognize that in matters of equity: the corruption of the money, by incalculable debts EQUITY / the reduction of stated values and the intent of law according to the preamble of this constitution which demands, THE LAW, WHICH BINDS US TOGETHER AS A NATION, with the bill or rights and the declaration of Independence is: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity, do ordain and establish this constitution for the USA. THE EVIDENCE, as provided in each case presented here/ and further sustained and supported in www.justtalking.info

Cover letter; UNITED STATES COURT OF APPEALS

7TH CIRCUIT

And in

UNITED STATES SUPREME COURT

Combined because the appellate court has divided appeal #07-2299 into two distinct trials: one that I filed, now ordered denied/ and one that they re-
interpreted and redefined, as a tax process complaint. A complete and determined lie to deny first amendment rights! Therein we begin in the reality of the appellate denial of case 07-2299 as presented, filed, sustained, and applied to the process of justice by me. And the case sustained by the appellate court, wherein they have deliberately chosen to disobey the law/ and commit the larceny of distinctly stealing my case before the court, and replacing it with their own delusions and purposes. The foundation being: "We (the court/ and its lawyers) SHALL NOT respond to the 1st amendment claims of Osterbur's appellate case #07-2299! Instead we the court and its lawyers will change that case/ change the litigants charged/ change the intent and the value and the purpose of justice; and hold a mock trial, wherein the law is destroyed, and the people are humiliated: a nation in ruins/ because they have no law.

For simplicity each case will now be called as: Osterbur's trial/ will become the law, case #07-2299. And the appellate courts trial/ will become the fraud case #07-3399.

The fraud case 07-2299 will be allowed to continue as a trial developing the decision: What do I owe for failure and fraud? What is my appropriate tax burden, for continuing and causing to continue the disassembly of the nation/ for as is true of every nation: when the law is destroyed, the society ends in war. Therefore the actions of these employees, are little more than the intent to bring guns, and devise a plan to "kill the messenger"/ because reality hasn't completely yet killed the truth, and they want their lies, quite badly. What do I owe for that? What then do I owe, those who have stolen all the money; and refuse to surrender these lies, so that the nation can survive? Do you really think you can steal from an entire nation, even with their consent; and remain in lies, upon lies, upon lies that have become such a burden one third of the nation looks at financial collapse. With them one half of the nation will enter economic depression without end. And those who are left with these ridiculous intent to live as kings/ queens, and with the complications of pride: what do we do now? History proves; these will use power to control their slaves/ taking everything they can until civil war breaks out/ it will be quick. With so many guns and weapons and training in lies and "I won't care"; a bloodshed without end/ sucking the whole world inside the apathy and hate of people without respect for anything. That is your destiny! What do I owe you in tax, "To support, the intent and decision of cannibalism". Because that is all you will have left! You are liars! As such the excuses will reign/ because if you accept the truth, the lies all must end; and your consumption, greed, and hate must end too. You are failures/ but because the reality is simply: it is clear society wants these lies just like you do, it is unfair to "single anyone out". Thereby the military strategy of an objective has been sufficiently secured; the reality of "open doors, lights turned on, and truth in view". Is enough! What then do I owe you, for doing your job/ because you would not, and will not? What do I owe you, for charging me for justice/ which is not: for the over $200 for state court/ over $300 for federal court/ over $400 for federal appeals court; and $300 for filing at the ussc. Is justice for sale? What has come from the court to date; is certainly not justice/ not law/ not constitutional/ not equity or right or immunity as described by the values of a democracy. It is a rebellion against the first amendment! In this fraud of trial 07-2299 What do I owe you, for the cost of mailings/ printing/ web services/ or just plain "my life is in hold, because of you": in support of justice because these matters are too important to deny? What do I owe you/ for not doing what the constitution demands: protecting the people, the nation, and the children; and making me do it instead? Explain it to me in detail. What do I owe you for a life that has been changed/ a reality that must now be lived, in direct ways and methods to keep you from destroying life on earth. Simply beyond the law/ there is really only women, who can make a difference in this outcome. You cannot discard all accountability to "the others in government/ you are responsible too". What do I owe you, for proving by the evidence; you will not obey the law. As this becomes revealed/ you can lie, but you cannot discard the truth, that you have participated in these lies, and have chosen corruption instead of life for the people who need you. What do I owe you, for creating a situation that no honorable person would participate in; I simply refuse to kill the future/ kill the nation/ or kill the earth; and to earn money or participate fully in your charades as this nation falling into lies, stealing, and threats; is exactly that. Just how it is! Cannot escape the destruction by walking away/ cannot avoid the destruction by any means other than court; so here I am. What do I owe you for that? And on and on. Prove what is justice, to you!

To the appellate court/ and its lawyers: you have done enough damage (but there is no surprise), the evidence is in view/ the foundations are clear/ and the reality is certain. You have harassed/ you have maligned/ and you have pretended justice, when in fact you have failed every purpose for which you were hired; every purpose you stated in oath, you would not do. Make your case, for what is my fair tax burden: for giving up my time, business, friends (because liars, thieves, etc cannot be trusted), and efforts on behalf of the nation and its future, and we will end this charade of justice or its fraud called law and complete the tax payment. But beware of this, I do not intend to pay the interest or penalties without a court fight. The only reason the tax was not paid immediately/ was YOU THE COURT, Had stolen my right to enter court and defend this nation; requiring the money (the only thing you worship or would fight for) as a key, to get in this door. Even though the first amendment gives me an absolute sovereign right to do so, as a citizen of this USA. YOU withheld the money/ I did not! YOU demanded the money, or no access to court could be attained; thereby degrading the 1st amendment to your apathy, and the reality of our 1st amendment to the garbage; you should be ashamed. You sold this nation for the lies of money, and the pitiful and perverse definitions of want, power, & pride; because like the nation itself, fear controls/ not law, not right, not justice or respect: just fear, selfishness, power, & pride. As a nation we cannot escape the reality of all these lies; either we stop them and accept the truth, defending reality instead of cursing it. Or the lies collapse "even an idiot, can see it is close"/ and take peace, security, hope, and respect for law with it. Only a fool, chooses "the lies". Who then are you/ change, or be damned, it is up to you. Work for justice/ or be crushed by the infamy of what you did not do/ when life allowed an opportunity for better. Make your decision.

The law, and case #07-2299 are destined to the United States Supreme court; a place certain to incriminate itself with a lack of justice/ a place without respect or the intent of law, beyond what can be used "to control the people, and make them slaves to the powerful": you are free, to prove me wrong/ please do! But you have been given full warning as the appellate proof of service will testify to/ thereby are these your decisions already, is a question that can be asked. Prove your respect for WE THE PEOPLE!

This statement is not held as contempt/ but in the certainty after many trials, in the various courtrooms of the USA, that the same treatment in each one consists of an environment controlled by someone/ or there would be a freedom to do better, and even worse. As is true of each and every corporation/ so it is true of the justice division, of the employees of the United States of America: "The corporate board, controlling them all: is called the US supreme court/ with its 9 justices". Do they not get appellate trials, informing them of what is being done? They do. Do they not get lawyers pleading with them on the various aspects of duty and law? They do. Do they not understand that the nation and its preservation is their duty to uphold/ and that duty does not intend that the nation shall be changed by lies, failure, or foundations in filth and disrespect. THEY DO, know what the lower courts are doing/ and can make changes "just like any other corporate board does". Where humanity interacts with each other/ those things become a business; do you not collect money, do you not employ people to do work, for the purpose of your business called law/ etc. The courtroom, is the business called law/ and those who rule it, are in fact "the boardroom of directors, and the business follows their direction". There is no place to hide in the assumptions of government/ because true democratic government is simply held in the laws themselves/ the constitution/ and the sovereign rights or immunities of all the people; Everything else is a work/ with employees, and the compositions of any other business. The law decides/ or failures exist.

The question before the court is simply: under original jurisdiction is, Does the 1st amendment rule the nation/ or do you? The second companion question is; does the 1st amendment to the constitution of the USA conceive of anarchy/ or does " the petition the government for a redress of grievances", establish truth in WE THE PEOPLE own this nation/ and it is ours! A true and real accomplishment in democracy/ that the various courts have kept from the people. Does the 1st amendment clarify, immunity for the people/ from which the employees of government including the court, must not interfere or deny/ or does it not, what then does it mean; and establish as a fact? Does the 1st amendment demand an equality for the people, with their government/ and establish sovereignty as the law, that divides us/ but keeps us alive in democracy itself, because of that divide; is it tyranny or treason to suggest otherwise? These are questions that have failed in all lower courts/ therefore it is a matter of original jurisdiction that comes before this United States Supreme Court, AND MUST BE ANSWERED. Because the people are owed their laws! And none of your lower courts, not state/ not federal/ not appellate/ & not your US or lower attorneys have given this first amendment trial even a word of law. Thereby they stand in the way of the first amendment, and must seek your advise to continue: or establish the law as fact/ for it is fact! The first amendment is one way, or the other. There is no middle ground. The failure or continued failure by you, to accept and deal with the law; THE FIRST AMENDMENT IS PERHAPS THE MOST POWERFUL LAW in this nation; and your employees have avoided it like the plague. Therein YOU must correct this situation, and redirect our courtrooms before the people of this nation/ or lose your standing as the legal fiduciary or judge of this nation. If you cannot handle the truth/ you do not belong in a courtroom of law.

Beyond these first amendment questions; we return to the law, and case #07-2299 Wherein the purpose of trial to find and repair the truth and our future, and our lives, has been under attack/ by each and every branch of the courtroom in america. The foundation of trial is the first amendment/ and the courtroom is its proper place to determine and identify truth, life, and death: wherein a level of respect shall be kept, where honor and honesty shall be known, and where truth shall be the purpose of each court. All of which have failed in both state of IL court/ federal court/ and the court of appeals: there is no respect, or the law would be used not the tyranny of people who will not obey the law [even if you disagree in a courtroom/ you must disagree with arguments that support or defend the law; and none have done so]. There is no honor, the clerk harass's, and commits contempt by changing the litigants/ the lawyers alter the filing and fail in its entirety to respond with law/ truth is hidden, by attempting fraud and a mock court intent upon proving hypocrisy: intent upon proving "we don't have to do anything we don't want to/ or are told by superiors not to do". As the United States Supreme Court: This is your courtroom/ as "the corporate board", who directs the reality of what is done and what is not done, in the environment called the business of law. You have failed; thereby the question, WHAT do YOU intend to do about it?

I have worked with law, I have worked with truths and reality and values too important to deny in this case and others; it is a futile and worthless waste of time/ because the courtroom is filled with immoral conduct and the assumptions of immunity "that a judge can get away with anything". Without penalty or conception of law; they actually believe they are immune "like little gods". In this nation, OF EQUALITY AMONG ALL THE PEOPLE; The very assumption is a treason/ the result of traitors/ and the assault on democracy by a portion of the privileged people, rebelling against the law itself; by declaring themselves above the law/ or untouchable by the law . As "the corporate board" of this business called law/ ARE YOU going to fix this problem? Why not/ as there is no defense for bad behavior/ and there is no immunity for bad behaviors, not in the constitution/ not in democracy itself/ not in justice or right/ not in reality; why then does it exist. Explain it?

We now return to the reality of the law, and case #07-2299 wherein the clear and certain purpose of the trial as intended and filed and clarified to an extent that it cannot be mis-understood: becomes the reality of confinement by trial, to understand the truth that is this country, and will be our future by the evidence of reality. Clear and certain descriptions have produced a long list of threats, that are fundamental to the lives of all citizens/ to the future of the nation and every life/ and even the world itself, they have identified numerous means of killing the world itself in reality/ not in fantasy! As to the USA in particular, having desired to keep their lies; they have acted to drag in many other nations across the world. To be sure, "these came willingly"/ but irregardless of that, the resources required to continue in these lies about our reality do not exist. Therein we must change/ or we will die. It is not a hard comprehension/ it is not "too difficult" for the average person to understand: are you "below average". Want is irrelevant/ pride is useless for life/ power is simply the degree of hate applied to others. JUSTICE is the acceptance of truth, the value of law for creating and sustaining peace, and the honesty of a people in their search for society and for life and for hope. You have to choose: one direction is the law/ the other is criminal.

There are no assumptions that, "the return to truth and reality will not hurt"/ it will, but failure to return to truth, and accept the limits and realities of life and the earth, will end in a situation that can only be called hell. A pandemonium completed by insanity/ a reality that cannot be fixed, because the end of resources is the end of life. Anyone who assumes that weapons of mass destruction will not be used; is a liar inside themselves, and lives just 30 minutes maximum away from the end of this world; is that fair to me, to life, or to you? The damage being caused against nature, by mutilating the genetic code, cannot be repaired; do you not understand how easily A.I.D.S. Traversed the world, and what could you or did you do about it? You hide/ and shove chemicals under the door/ wherever you cannot avoid the reality/ but it is no answer. This is only a tiny mutilation of life/ while across the world people are doing everything they can to completely destroy nature itself. Think not? A plant not only starts as a genetic structure combined with energy, but must then complete the processes of finding resources in a tiny patch of dirt, building the chemical factories and sorting the materials and " sustaining the workers" so to speak, while maintaining a direction and a decision to complete the source of life; the ability to understand something important. The opportunity of the court to protect life, is not limited to a prison/ the opportunity to protect life, is a demand conceived of in freedom as: you may do as you wish with your life/ BUT NOT with mine. Nothing is more invasive/ nothing more disastrous, than a biology in chaos; even weapons of mass destruction are not as grievous/ because they at least kill with discipline, not chaos or the fears this will represent.

We have "science" trying to kill us/ we have consumption and population growth trying to kill us/ we have the death of eco-structures such as the ocean, threatening us; because of our assault. And on and on. Are these "too small a matter" for a trial? Are these "too indistinct" for an investigation into truth and reality? Only to a liar! This is not about what you cannot do/ THIS IS ONLY ABOUT, WHAT WE CAN DO OURSELVES! This is personal duty, personal respect, personal honor, and personal responsibility; should not the court "know something" about these things? They should/ prove they do.

This is not a game/ you get nothing for defeating me, or having me killed. Absolutely Nothing but hell and Armageddon and hades (an eternal damnation)! You get nothing but death for hiding from reality, because like it or not/ truth will come. Therefore you will either accept the price of your lies/ and accomplish the truth of what can be repaired, so you can survive; or you will not. This is not a hard thing for you to understand/ make your decision.

What do you tell a thief who is forced to steal, because of choices he made earlier in life? Do you say, "its ok/ just continue on", or do you say; enough is enough, you must now accept your reality, and work with it as best you can. The assertion in all these things is quite simple: either repair the damages now or death will come. The claim is quite simple as well; if you continue to lie and wait until it all collapses on top of you, as is your true intent: Truth says, you will never "fix it"/ but descend into chaos instead, leading the world into war; corrupting the foundations of life in all aspects. The prophecy of death and destruction, thereby completed. Change or die!

Is this too harsh? Will reality not be much harder, more severe/ and without compromise, when truth asks simply: how will we survive? Today is the day, we must begin to secure tomorrow/ or it will be lost. "My opinion/ or yours" is completely irrelevant: ONLY TRUTH MATTERS, therefore trial is appropriate, that there may be only truth/ and the liars, submitted to penalties for their actions. The whistle-blower act is meant to be a catalyst for these very things: to understand and intervene by the use of law and reality; to change corruption and fight for the values of this democracy, for our lives. That too, your lower courts simply discard into the rubbish; but after all, "its their corruption too". Or is it simply "the commands, from the corporate board of directors"/ fundamentally instructing their workers: on how this will be done, one hand stealing/ one hand hurting/ greed and power controlling; life lost, because of you? Make your decision.

The demand is: establish truth and justice and security for the people, including me. Remove the lies/ the threats/ and the coming tragedy, by understanding the reality and choosing truth and life! This IS my purpose and desire for you/ for me, it is the end of my duty, to intervene in all the tragedy and shame you have prepared to encounter. This is your opportunity to change/ and it is the end, of any blame or any excuse that I did not do my best for you. Neither will you say to me "I caused this or that/ it is ALL YOUR LIES/ I have not participated in them; they are yours: I will hear none of your complaints. The end.

MAKE YOUR DECISION.