A

CASE

APPEALLED

FROM; THE FIFTH JUDICIAL DISTRICT, STATE OF IL, UNITED STATES OF AMERICA.

CASE 01- LM- 16

JAMES F. OSTERBUR VS ALIT SELIMI

The sustainable description; discipline dictates a need to define the order to be used, in this trial, by me. Therefore understand, I do not prosecute people/ the individuals involved are merely illustrated by their own actions, NOT attacked, simply described for their lack of honor or honesty!

It is the fact, not the person, which is to be tried/ It is the constitutional mandate, that is to be defined & the people who refuse to honor it, or the disciplines required to sustain peace. These are to be examined, as fit or unfit, for the job they have sworn to uphold. Therefore the challenge of this case is to establish and affirm, a court system Adisease ridden@ by the simple test of: whose side are you on? I have defined and claimed the constitution and bill of rights, and legal descriptions of the common citizen. I demand reasonable consideration according to the true intent of the law/ rather than any judicial mandate of less stature than constitutional mandate. I refuse and deny any allegation that the presentation of evidence/ particularly the presentation of testimony in preparation of the trial/ and the pleadings sent to represent me in the motion trial were insufficient in any way, to allow the cause of dismissal. And I seek my guaranteed rights under the constitution, amendment 7: a trial by jury.

The fact, that I must teach you this fundamental right, seriously implicates the judicial branch of government, in fundamental sloth or deviant behavior, such as would implicate this judicial system in traitorous acts. The functional reality, that the constitutional, bill or rights, and declaration instruments of the nation of the united states of America, has been sold. I received in three separate incidents of court room proceedings/ nothing more than bias, conspiracy, lies, and absolutely no concern for basic justice; therefore it must be considered; The Foundation of Law and Justice as represented by the American system has been traded, to the greed, lust, and power of apathy and arrogance. In its descent, the court trades: EQUALITY for all, a traitorous act!

 

The foundation of an appeal is JUSTICE has been circumvented by one of the following: false testimony, a biased judge, new evidence, or facts which were misconstrued, abused or simply unknown at the time.

YOU the court of appeals were mailed a judicial review of this case; stating facts which could not be known prior to the outcome of this motion hearing/ the courtroom BELONGS TO THE CITIZEN, not the judge/ NO compromise will be heard regarding a failure to appear/ I AM a citizen, the court was notified I am not a lawyer, and no effort occurred to instruct me, that I must appear where no cross-examination could occur by law, no physical reference could represent me better that the words sent, and no assault against the pleadings themselves as insufficient was given by the judge/ THEREFORE they exist as competent and complete. The courtroom and its judge SUBSTANTIALLY failed, by refusing the pleadings given. Deliberately failed by refusing the responsibility of the court to insure the right of trial by jury, wherein any amount of money or true property was involved. FAILED by the description of BASTARD, wherein the law & the constitution which addresses the RIGHTS OF A CITIZEN, was changed by a judge, to become subject to ANY insignificant rule of procedure. It is JUSTICE and not protocol or bias, that is fundamental to, sworn to, and demanded from the people, of an honest court.

I have mailed to (as indicated); to the state of IL, the judicial review board, to the appellate court, & to the major and local news organizations. ALL have remained silent 7 weeks later. Therefore a question arises, of these APROTECTORS of the people@: WHY?

The answer formed by the reality of the situation is; EACH of these sides with Alit Selimi/ EACH has chosen his ways & his system of Alet him complain, I have the power@. Therefore EACH of you shall be described by the same acronym for Athe alit Selimi system or ASS@!

Consequently the political ASS, is considered to have chosen, by the preponderance of the evidence Athis is TOO small, for the trouble it will cause/ what will I gain?@! The ASS called the judicial review board UNDERSTANDS; it is merely a public farce, & refuses to be shown, a public disgrace. The ASS of the Appellate court comprehends the fundamental change demanded by the Constitution, AND REFUSES. And the ASS of public media would say Aif there is too little money in this/ then, why support justice, its just shit, money decides@.

Reality then asks of me; What is possible? The answer explains; an honorable person whose decision it is, whose sworn duty it is, to insure justice and equality to all/ DOES his\ her job! Therefore honor can not be expected here, UNLESS it is a very big trial.

A dishonorable person says Ahow do we fight this menace/ what power do we have to subvert this call for justice/ what can happen if the public becomes interested (we should find a stooge)! Here by the reality, by the need, & by the duty, the TRIAL of the American Judicial System begins. NOT because I prefer it/ instead duty leaves no other avenue available.

ARE YOU AMUSED?

Truth allows, Ait is not whether government, can be challenged (it is not)/ INSTEAD, the battle lies in whether the court IS A LIAR, A FRAUD, A TRAITOR, and an accomplice to crime.@ These can be identified, whether you reply or not. If you fail to respond, then because this is a case submitted to the court, Ayou do become a liar/ this is your job, and no choice exists@. If you hide behind insignificant rules & mayhem created to establish a Alawyers only@ insurrection, a place where only the privileged few may go/ then you are a FRAUD, because only power & greed can then buy your approval RATHER than human justice or legal right, the judge Aplays god@. If you change the rules/ by changing the Constitution & bill or rights, you DO become a traitor, because these are NOT for sale: INSTEAD just like the genetic code is Amother nature@; the constitution and bill of rights are the nation itself (a nation is composed entirely of the reason, that we do band together for this purpose). The Declaration of Independence is different in that Ain human terms, it would be called, the heart & soul of the nation@ defining the need of the oppressed, TO BE HEARD! Therefore to blatantly disregard & disrespect these words, as a representative of the people IS to participate in a treasonous act/ to act in ways that disease or destroy the fundamental needs and promises of EQUALITY as described therein is not only a theft but an assassination of promises, and a murder of peace in society! YOU should be ashamed!

Let us review: your army; the government whose primary concern is Adon=t make trouble for me@; the judicial system whose primary concern through 3 separate trials of my own is Ato protect the status quo@; & the press whose primary concern is Agreed and the power to shape society in their owner=s image@!

AMy army@ so to speak, is listed in the judicial review already sent, they are: The PEOPLE who have sacrificed their lives, their bodies, & their time for the constitution & bill of rights & declaration/ whether they physically stand with me or not, their existence here is UNDENIABLE! WE THE PEOPLE, examines the fact, that you are Anot gods@, not kings, not exempt, YOU are EQUAL TO US. Therefore the law summons you to establish the EVIDENCE in this case, and the others, & prove me wrong.

All the other citizens Atoo insignificant to bother with@, for you/ therefore undeserving of justice; All those you have treasoned against, by taking away their position in society as equals, are waiting to see what JUSTICE in America truly is. The evidence points to contempt from you, a significant number of judges. Contempt is a LACK of RESPECT for the authority of the law/ the foundation of law, the foundation of any American authority, the foundation of respect for the American way is the Constitution & bill of rights/ therefore your need to defend yourself arises from these/ failure to adequately defend on a constitutional basis means you have NO defense, and are GUILTY of actions against the nation.

These are critical explanations, expressed in the reality of those who died/ those who fought/ and those who are willing to fight today. In your defense, it is the numbers which have succeeded against you (in a nation of 280 million, even a 1 percent dissension IS 2.8 million people whining and crying at this doorstep). The reality demands; no person can support judgment or decision on their own/ EVERY decision must point and be confined to, the agreements already entered into by society (in American society this is constitutional decree, bill of rights mandate, and declaration of independence expectations). YOU have failed to uphold this as the determining factor of your decisions, and fallen a prey to Athe loudest voice@. Equality means NO MORE can you use race or gender or religion, as a wedge. YOU are equal means; An opportunity is what you get, USE IT!

Access becomes the Aweapon@ required to defend justice / justice is my purpose! It is a tyranny to Asupport and undermine@ the destruction of dignity (it means I deserve my place here, because I paid the LEGAL price for it), the destruction of Integrity (means to accept, that I am responsible for my actions), the destruction of honesty (because YOU don=t appear to know/ it means; to accept respect, as part of your life, the part that matters). The destruction of trust (means, AI can no longer say, you are my friend@). These things you have traded for your apathy and arrogance and worthlessness.

These truths examine your ways and find, you a significant number of judges, in the court system of America LACKING. Power has deluded you into thinking Ayou are actual judges@/ NOTHING could be more absurd! DEMAND of the people, that they must choose their own judgments, as it should be, by their own vote NOT by someone to vote for them, THEIR OWN VOTE/ and then subject the people to their judgments: this is your job/ it is not to make judgments, because WE THE PEOPLE ARE EQUAL, therefore you are not our judge/ you are the barrier intended to protect us from those who would judge us.

Mercy which is also your task, is based upon an HONORABLE understanding of human nature and work, and circumstances which support the Acry for mercy, and fair play@. These you have traded for Athese are too stupid, must control/ or just let them fight, because I am too lazy or fearful to intervene, and I have enough@.

The Aquality@ of humanity, its methods, its belief, its race, or gender, or religion, or education IS NOT yours to judge/ YOU ARE the people who have sworn to help/ YOU ARE the people who have ACCEPTED the task of defending LIBERTY, HONOR, AND THE RESPONSIBILITIES OF FREEDOM/ and you have become the cowards who hide or leave, because your own selfishness or arrogance is more important to you than these things/ therefore a judge cannot be Aimmune@ you are responsible for the reasonable actions of a judge in a courtroom; and as the constitution allows you can be REMOVED, and held accountable. Liberty according to its legal definition convicts & prosecutes those who fail to accept the responsibility of freedom/ that responsibility is: to demand either surrender your station (because a useless person has NO right, Ato be part of an HONOR guard@) or prove these actions are not Atraitorous! A traitor is one depended upon by others, who then not only surrenders, but sides with the enemy. YOU have aligned yourselves with Aselimi, in this case appeal@/ therefore he is your leader.

DO NOT think this is a call for actions/ THIS IS A CALL FOR JUSTICE! My purpose is Equality, within my guaranteed rights/ my decision is based upon duty, a failure to correct this, means society will only suffer for it/ win or lose I do not surrender myself (means simply I am not for sale/ you will not change me). This is a social requirement, therefore if society does not want it/ then I have done my Aduty@, and society may suffer all it likes. Access is necessary to change corruption/ therefore mailings of this specific information shall occur/ WITH THIS WARNING to all: Nothing can be solved through destruction, this is not a call to arms, NOT a call for violence of ANY KIND, this is a demand for justice, & justice is the resolution of the people themselves, Ato accept each other as equals, and be fair.@ The court is in need of SERIOUS CLEANING, and no more! The citizenry is largely responsible for this, therefore look at yourselves as well. The police are reminded, a judge is not the law, rather a person who is entitled to the law, just as I am entitled to the law and NOT simply an opinion of the judge. This IS NOT contempt, because the words are true; to speak less Afactually@ would be a perjury, therefore the Alack of respect@ becomes justified by the truth. Prove me wrong. IF you can, then AI will apologize/ but if you can not then it is you, that DO owe me. If I can be held accountable, then so can you/ that is the meaning of equality, and the definition of justice (a constitutional mandate). That is freedom, an existence described by mutual respect. The price is; an open courtroom for every case, preferable broadcast in some manner, because nothing less can keep honesty within the court. NOT simply the cases I represent, all cases.

The questions:

Is the law subject to the whim & insolence of a judge; yes or no?

The correct answer is NO, the law subjects the judge, to its discretion, NOT the law and its purpose is subject to any judge, in any matter. It is an actual act, of criminal conduct, when a judge disregards the true purpose of the law WHICH IS JUSTICE & EQUALITY, and chooses to side with criminal actions for mere procedural infractions. The judge does NOT command the law, the LAW tells the judge, and NO LAW is greater than the citizens it proposes to protect. Therefore NO infraction or lack of education or expectation of the court can legally alter the foundation of what these laws represent: The Constitution, Bill of Rights, Declaration of Independence, & the lives of those whose blood & bodies paid to protect WE THE PEOPLE, IN ORDER TO FORM A MORE PERFECT UNION, etc. How pitiful, it seems from one end to the other.

The supreme court; doesn=t KNOW: Acount the votes, WITHOUT illusions of maybe it counts, maybe it doesn=t/ this is a democracy LEARN AND ACCEPT IT.

The supreme court; doesn=t KNOW: to be handcuffed & taken to jail because the children didn=t have their seatbelts on IS a violation of freedom. Do you not choose for your own life, your own children/ DON=T bring your asinine values of moral obligation to Ame@; FREEDOM IS MORE IMPORTANT! And it is GUARANTEED! The children are under the protection of the parent, NOT the state/ BECAUSE whatever happens to the child, happens to the parent as well! The excuse of protection, for the child is a blatant lie. IF you would choose to protect the child, THEN you choose to protect the resources and environment and debt and every other reality the future needs, for the child to survive/ YOU do not do any of it.

The supreme court doesn=t KNOW; the man whose wife had 3 out of 4 children with other men DOES NOT OWE child support for all 4. The court plays the game Asomeone has to pay@, and someone does! Since this is of obvious importance to these judges THEY SHOULD PAY/ they intervened/ therefore they are just as involved as the man without a significant connection to these children. IF the court wants someone to pay THEN WHY should it not be them! This was a legal matter/ NOT a morality issue. The simple mind says; Atake your morality and stick it up your ass@ freedom says AI@ do not need to endure your morality!

The critical difference between the court and the citizen is a simple one: The court represents the nation & when the honor of the entire nation becomes a disgrace, the court becomes simply measured, by desperate, stupid, irrational hatred. Useful to terrorists only/ the most significant current reality of this is the idiots who inhabited the compound, at waco texas. If the court had simply delivered a subpoena, instead of coming with guns, Oklahoma City probably would not have happened either. It is fear that comes with guns instead of a subpoena, why? The reality testifies, that a failure within the judicial system contributed to considerable death; does this constitute a traitorous act? The court is a primary motivator within all fringe groups, the majority of hate groups, therefore a participant in terrorism and its consequences, (a treason). When you dishonor a citizen, a nation, by Achanging the rules, and playing god@, you do make criminals your leader, and disease follows.

The arguments begin in brief:

Time limits DO NOT mitigate this case going forward; the judicial review initiated within this appeal, Irregardless of insignificant procedural statements, forms, or otherwise. The court DID NOT find it necessary to inform the plaintiff of dismissal 2 weeks later. The AMENDMENT 7, demands my right to proceed to trial: READ IT, for a change! NO court, supreme or otherwise has jurisdiction over the constitution/ moreover NO interpretation can be justified/ IT IS WHAT THE PEOPLE SAY IT IS! Any suggestion that this is not true is an impeachable offense, because WE bought and paid for this right, and it is OURS! NOT yours.

Argument that the motion papers supplied by the plaintiff are insufficient IS MUTE/ because the pleadings are only required to sufficiently forewarn the defendant of the charges and penalties sought, and they do.

Argument that a procedural infraction, such as not being present {physically} at a motion hearing DOES NOT supersede the constitutional guarantee of amendment 7. And therefore becomes an act of criminal negligence, by the judge; in declaring dismissal/ the judge declared the constitution irrelevant; and his oath convicts him/her of conspiracy to commit a fraud. A motion hearing does not constitute a trial/ no cross-examination/ no evidence/ simply a hearing to discuss boundary issues.

Argument that the judge did NOT understand the nature of the complaint is a blatant lie/ as it is his/her job to be INFORMED, prior to any decision, and the plaintiff supplied detailed and relevant testimony prior to this motion hearing. NO possibility exists that sufficient information did not precede this judgment, to identify a need and a right to trial existed. Therefore dismissal constitutes a desire to conspire with the defendant/ therefore a question of the integrity of the entire process.

Argument that the Aalleged complaint@ is insufficient for trial, constitutes a decision by the court in direct disregard of the 14th amendment/ an act of treason.

Argument that the supporting document, A initiating arguments@ indicates, the responsibility for removing the Aweapon selimi used@; issues the reality that behaviors constituting a damage to society/ are subject to social consequences.

Argument that all 3 cases I have been involved with should not be examined/ subjects the citizenry Ato a military style, government@, wherein the preamble of the bill of rights, distinctly states WE MUST decide Awhich rights do pertain to them & their posterity, as the basis & foundation of government.@ Without evidence, how should a decision be made; without trust how can a judiciary preside.

Argument is entered, as it regards the 1st amendment AY.to petition the government, for a redress of grievances@. The question is entered: IF a complete failure of the judicial branch, such as the disease of corruption is insufficient to ask for a redress under the first amendment, THEN the reality is Athe first amendment has fallen victim, to the tragedy of depotism & the arrogance of I am the king. CLEARLY AN UNCONSTITUTIONAL DECLARATION, CLEARLY A TREASON. The petition is made, and has been made, and the court is sworn to uphold its reality, and its meaning to and for the people of this nation.

The court is instructed SHOW ME MY ERROR or let the trials and examination of Federal Appeals cases 94-1943 & 94-1944 begin.

Redress argument is restricted to the initial request, which applies the question: DO WE NOT have a right to end Athe Vietnam war or similar events as may occur/ by a true vote of the people of this nation. IS THIS a nation of the people, by the people and for the people OR NOT?@ This is the petition of the previous trial/ therefore it should be first, and does constitute a foundation for future AREDRESS ISSUES@.

Here, remembering the words AWE THE PEOPLE@

DOES initiate the demand THIS IS OUR NATION, not the official/ the peoples.

The unfortunate consequence, to follow next; will be the distinct defamation of character, to persuade any who would listen, that they should believe this is a rebellious & insolent man with a secret agenda.

Here then, is my agenda: My choice in this life is, to seek and understand the definitions of love, to identify the realities of critical truth, and to search within the possibilities of this life for ETERNITY as described by AJESUS AS CHRIST@. This is not religious rhetoric, this is a personal identity! (not a basis for trial)

The weight of the evidence relies upon these words: the existence of a written guarantee, IS a foundation of judicial authority/ a specific tool designed for the citizenry to use. That guarantee establishes SPECIFIC RIGHTS & DISTINCT DUTIES. That guarantee is THE CONSTITUTION, THE BILL OF RIGHTS, & the expressed concerns and real promises of the DECLARATION OF INDEPENDENCE. It is irrelevant what you or I want/ these guarantees stand between us, as the critical barrier, to the authority of citizen or official, the Aguarantees@ decide.

The question therefore becomes; WHO SUFFICIENTLY stands within that authority, If it is I, then YOU must accept the duty required of you. IF you can support the position currently held by the court/ then you MUST identify the evidence, justify the decision, and support a critical Acommunity@ education project, to REDEFINE these documents, and REORGANIZE their supporters. WHY, should WE the people, live a LIE; show us the truth! If you do so, then welcome to my situation; wherein your failure, becomes my problem. The introduction of Athe judicial review@ (by information gathered), created a fear in selimi/ fear produces a hatred, and hatred often ends in revenge, when it does not end in justice. If you think Ayou will be protected@, Reality says, Ato steal these foundations of hope & strength of a nation, WILL produce results@. NOT from me, I am a man you brought here/ I did not choose to come of my own/ your insolence required it/ your lack of integrity demanded it/ your refusal to accept BASIC human justice, made it my job. PROVE ME WRONG!

You have created these problems and so many more. The fact that your ways disturb social harmony, & create opportunities for Athieves, depressions, and other simple insanity=s means simply; before you destroy the world I TOO live in/ WE NEED TO TALK. IF, you don=t start fixing all these problems, when the DEPRESSION comes, it will be too late! Think not, current levels of resource depletion CANNOT be supported, the level of actual national debt CANNOT BE SUPPORTED, the assumption that over-population is controllable is a LIE, weapons of mass destruction CANNOT save you (they can only destroy), the genetic code is NOT your TOY therefore soon (the equivalent of foot & mouth disease & the equivalent reaction) will occur, the entire food chain is being attacked by genetic alteration (do you really think, mistakes won=t be made/ how will you fix them/ how will you solve the riddle 6 billion questions wrong/ how will the chain reaction in other living creations survive), Antibiotics are sacrificed for money in the livestock industry, and on, and on, and on!