Judicial Branch Corruption Requires Checks & Balances

JUDICIAL BRANCH CORRUPTION REQUIRES
CHECKS & BALANCES DUE TO ABUSE OF POWER

Jesha Miller used the Constitutions Checks & Balances due to abuse of power in the U.S. Supreme Court who refused to release him when held in violation of the Constitutional Law # 250.2(4) which provides: Every Black Man has a right under the 14th Amendment to the Constitution, U.S.C.A., that in the selection of jurors to pass on his life, liberty, or property, there shall be no exclusion of his race, and no discrimination against them because of their color. Virginia v. Rives, 100 U.S. 313

Jesha Miller tried to file a Civil Suit with criminal charges, CASE NO. 3:10-cv-00051-SEB-WGH, in the Southern District of Indiana & Judge Sarah Evans Barker, President of the Federal Judges Association dismissed the action when Mr. Miller demanded a trial by jury which is a Constitutional Right & she refused to enforce the Rule of Law requiring the indictment & arrest of Judge David Kiely, Majority Leader Steny Hoyer, Congressman Brad Ellsworth, Robert Iger, & Al sharpton for denying, interfering, & aiding & abetting a criminal from justice. Title 18, sec. 242, 243, 245. This act of Bad behavior justifies the House & Senate addressing Jesha Miller's petition using the Checks & Balances due to abuse of power & corruption throughout the entire Judicial Branch of government. Nancy Pelosi is petitioned to inform the House & Senate of the Checks & Balances being used due to abuse of power & to help Democracy protect American freedom. The U.S. Constitution is to protect American freedom & made the Checks & Balances because they knew there would be corruption taking away those rights guaranteed by government if the power of government was not limited the natural rights would not be protected. President Barack Obama is petitioned to enforce the Federal Law which is his number 1 duty. Judge Sarah Evans Barker is given the chance to withdraw from the crime by reinstating the case & issuing indictments & arrest for trying to prevent the performance of the Constitutions Checks & Balances in obstruction of justice. The Denial of rights under color of law by Judge Sarah Evans Barker below.

Respectfully Submitted- Jesha Miller
Date: June 9, 2010


Case 3:10-cv-00051-SEB-WGH 06/01/2010 10 pages

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

LAURA BRIGGS
CLERK OF THE COURT

JESHA MILLER, )
)
Plaintiff, )
vs. ) 3:10-cv-051-SEB-WGH
)
Robert A. Iger, et al., ) Judge Sarah Evans Barker
) Denied Rights under Color of Law
) Subjects herself to criminal charges

Judge Sarah E. Barker Denied Rights under Color of Law
18 USC sec. 242 provides that whoever, under color of law
statute, ordinance, regulation, or custom, willfully subjects
any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ...shall be fined under this title or imprisoned not more than one year, or both.

Comes now, Jesha Miller, respectfully charges Judge Sarah Evans Barker with denying rights under color of law for the purpose of concealing the Constitutions checks & balances being petitioned by the Plaintiff, Jesha Miller, which will expose to Congress & the public that the entire Judicial Branch of government is corrupt & abused its power to deny the right to freedom, justice, equality, & the pursuit of happiness.

1. Judge Sarah Evans Barker denies the Complaint when the plaintiff demanded a trial by jury. This is evidenced in the complaint so that the Court abused its power, willfully subjecting the plaintiff to the denial of my Constitutional right to a trial by jury. The motive is to prevent the Constitutions checks & balances so that officials that have committed crimes pursuant to Title 18 are not held accountable & prevent the shame upon the Judicial Branch of government which she is a part of being a Federal Judge.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Each defendant must pay 2 million dollars for their oppression or be part of a 10 Billion dollar suit.

2. Next Judge Sarah Evans Barker refuses to enforce the rule of law which has been petitioned a part of the complaint to include criminal charges with the Civil Complaint. Each Defendant has been given Legal Notice and Warning but refused to cease concealment of the crime & checks & balances. The motive is to allow Judge David Kiely on the Bench when if he is indicted & arrested pursuant to Title 18, sec. 243 he would be removed from the position of Judge.
This is aiding & abetting a criminal from justice as the rule of law requires his indictment & arrest due to material evidence from the transcripts proving Judge David Kiely overruled State & Federal Constitution mandatory due process of the 14th Amendment. The transcripts prove there were no Blacks, & I am a part of the excluded class of people, being a Black Man.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

18 USC 243 - Sec. 243. Exclusion of jurors on account of race or color No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000. A State cannot, consistent with due process, subject a defendant to indictment by a grand jury or trial by a petit jury that has been selected in an arbitrary and discriminatory manner contrary to federal constitutional and statutory requirements, and regardless of any showing of actual bias, petitioner had standing to attack the systematic exclusion of Negroes from grand jury and petit jury service. Pp. 407 U. S. 496-505.

The consequence is that, where jury commissioners disqualify citizens on the grounds of race, they fail "to perform their constitutional duty -- recognized by § 4 of the Civil Rights Act of March 1, 1875 . . . and fully established since the decision in 1881 of Neal v. Delaware . . . not to pursue a course of conduct in the administration of their office which would operate to discriminate in the selection of jurors on racial grounds."
Hill v. Texas, 316 U. S. 400, 316 U. S. 404 (1942). Thus, "no State is at liberty to impose upon one charged with crime a discrimination in its trial procedure which the Constitution, and an Act of Congress passed pursuant to the Constitution, alike forbid. . . . [I]t is our duty, as well as the State's, to see to it that, throughout the procedure for bringing him to justice, he shall enjoy the protection which the Constitution guarantees. Where, as in this case, timely objection has laid bare a discrimination in the selection of grand jurors, the conviction cannot stand, because the Constitution prohibits the procedure by which it was obtained."
Id. at 316 U. S. 406.
With the "Motion for Court to enforce Federal Law under Title 18, sec. 243" is a copy of the transcripts proving the exclusion of blacks due to race which is included in the concept of peers so there is no excuse for denying the suit or not enforcing the law against Judge David Kiely as you would anyone else, no one is above the law. [Judge Sarah Evans Barker's actions refusing to enforce the rule of law are self evident of her motive to aid Judge David Kiely from being held accountable for the crime committed & to keep concealed the checks & balances which the Framers of the Constitution intended to prevent abuse of power & help Democracy protect American freedom.] By the Rule of Law, because the petitioner's allegations are true the responsible official, who is David Kiely is subject to criminal penalties. 18 U.S.C. sec. 243. This is a statutory prohibition { 336- punishing any person charged with any duty in selecting jurors who shall exclude any citizen on account of race, color, or previous servitude is authorized by the 13th & 14th Amendments.}

3. Judge Sarah Evans Barker prevents the Blessings of Liberty from being secured to ourselves by denying the Civil Rights Complaint which contains at issue the denial of the unalienable right, "all men are created equal", meaning - rights that cannot be relinquished, reduced, or taken by any means. This right is protected by the Bill of Rights 5th, 6th, 13th, & 14th, Amendments. Against the road Blocks set by the Media, Political Corruption, & the Judicial Branch of Governments abuse of power used to deny the rights they have taken oath to protect the Civil Complaint and Criminal charges are a method to secure the blessings of liberty & justice that Judge Sarah Evans Barker has become to help conceal Political Corruption by refusing to enforce the law. Her own Judgment affirms this.
Here she denies the fundamental purpose & guiding principles that the constitution is meant to serve.
allegations: Claim I: The unalienable right, endowed by the creator to life, liberty, & the pursuit of happiness, protected by the 6th Amendments rights to a speedy & public trial by an impartial jury & assistance of counsel for my defense. Judge David Kiely fails to perform his constitutional duty--recognized by sec. 4 of the Civil rights Act of March 1, 1875...not to pursue a course of CONDUCT in the administration of their office which would operate to discriminate in the selection of jurors on racial grounds. Supporting Facts: The transcripts show he willfully denied due process as mandated by Federal & State Constitutions & he imposed this upon me in full knowledge there was no cross section of the community as required by Federal Law. Defendant Attorney Vowels: At this point there is no Black people in the jury & there were no Black people in the jury panel. We have a right to object to that. I can tell you that I don t think the law will support it but I think that, Mr. Miller, we need to do it right now.The Defendant: Yeah, we ll do -- object to that right now then. ( p. 246 )Mr. Vowels: ....The component of race should be included in the concept of peer. The FACT that there are no Black people within this venire I think causes this not to be a jury of my client's peers. ( p. 247 )... I don t think Indiana s in full compliance with the federal government s motor/voter registration law. As a result of that we don t get a fair cross-section in the venire &, as a result of that MY CLIENT S RIGHTS UNDER THE FEDERAL & STATE CONSTITUTION TO A FAIR & IMPARTIAL JURY AS MANDATED THROUGH THE FOURTEENTH AMENDMENT & through the federal legislation- I THINK THAT S BEEN VIOLATED. SO, FOR THE RECORD, I MAKE THAT ARGUMENT AS WELL.THE COURT: Show it overruled.THE DEFENDANT: There is a violation, Your Honor.THE COURT: Show it overruled. Sir, okay? This is evidence that Judge David Kiely willfully subjected me to the deprivation of the 14th Amendments right to due process as mandated.No Judge can overrule the State & Federal Constitutions.


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

4. Judge Sarah Evans Barker prevents the performance of the Checks & Balances by concealment when this is the law & my rights to prevent abuse of power & help Democracy protect American freedom which was taken from me by Judge David Kiely's crime pursuant to Title 18, sec. 243.

One law in the system of checks and balances is the law that allows citizens to challenge any law that they feel is unjust. Once the law that they don't like is passed they can challenge it and bring the law to court. The law is then debated between a lawyer representing the law and the plaintiff. If the court finds that the law is unjust the law is then abolished. This part of checks and balances prevents congress from abusing its power by making unjust laws. This power given to the people is currently being exercised in many states.The system of checks and balances is a fundamental part of our government. The Supreme Court has abused its power by denying a Habeas Corpus which is a power denied government. It's purpose is to immediately release anyone held in violation of the Constitution & Laws of the U.S. Article I, sec. 9, of the Constitution. POWERS DENIED GOVERNMENT- The privilege of the writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or invasion the public Safety may require it.
Specifically I was held in violation of Constitutional Law # 250.2 (4) which provides: Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life, liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313.
The transcripts not only prove there were no Blacks but also that Judge David Kiely overruled the State & Federal Constitutions mandatory due process by the14th, Amendment.


Also included with the trial transcripts is the Habeas Corpus addressed to Former Justice Sandra Day O'Connor & John Paul Stevens who two days after my filing this Civil Suit has announced he will retire. They all have bailed because the records will prove dereliction of duty & do not want to be in office when this is exposed to the American public. This evidence informs Judge Sarah Barker that with Supreme Court Justices involved I can prove corruption throughout the Judicial Branch of Government & rather than allow the operation of the checks & balances she has chosen to conceal its use to cover up political corruption directly related to their duty.
The Framers had three goals when they wrote the Bill of Rights. First, they wanted to protect the freedom of each person. The denial of the Habeas Corpus proves they willfully refused to protect the freedom of a Black Man. Second, they wanted to prevent the abuse of power by the government. This is proven by the U.S. Supreme Court abusing its power denied government by ignoring the Habeas Corpus to release me from the illegal restraint, a power denied government. Third they wanted to protect people accused of crimes. In this case they violate the 4th, 5th, 6th, & 14th, Amendments.

The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.
It is this government abuse of authority in the legal procedure that Judge Sarah Evans Barker is trying to keep concealed by dismissing it herself, rather trial by jury which is my right, rather than enforce the law which protects these rights when violated. This is Obstruction of Justice to prevent the performance of our Constitutions Checks & Balances and dereliction of duty by her refusal to enforce the law. Here the three (3) elements of an underlying violation of principal being the crime pursuant to Title 18, sec. 243, excluding jurors on account of race & knowledge of that violation by the transcripts excluding Blacks, & assisting Judge David Kiely by refusing to enforce the statute so that he remains in office assist the principal from Civil & Criminal charges is aiding & abetting.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
This sentence has been called "one of the best-known sentences in the English language"[2] and "the most potent and consequential words in American history".[3] The passage has often been used to promote the rights of marginalized groups, and came to represent for many people a moral standard for which the United States should strive.


The 13th, 14th, & 15th Amendments were written to help African Americans but now the 14th Amendment is used to help all Americans have equal protection. These are the very Amendments being violated as previously before & as demonstrated Judge Sarah Evans Barker refuses to enforce the law so that these laws are protected. Judge Sarah Evans Barker is the President of the Federal Judges Association so in leading by example if she is corrupt then the other members will follow in the corruption of the Judicial Branch of Government. Otherwise she would have had the INTEGRITY to enforce the law as the Rule of Law requires.
Thus, it is Article III judges, not the President and not members of Congress, who make the decisions in individual cases. This does not mean, however, that the Judiciary is not subject to the system of "checks and balances" that the authors of the Constitution wisely designed and placed on all three branches of government to lessen the possibility of tyrannical rule.

As President of the Federal Judges Association she should set an example of how to judge fairly as the law requires, yet she refuses to enforce the law as required when it requires the indictment of fellow Judge David Kiely, Congressman Brad Ellsworth, Majority Leader Steny Hoyer, or Robert Iger et, al

Also Judge Sarah Evans Barker states ' This action was dismissed through the entry of final judgement on May 13, 2010. The plaintiff's motion to enforce, etc. (dkt 16) is denied.

IT IS SO ORDERED SARAH EVANS BARKER, JUDGE
UNITED STATES DISTRICT COURT
Southern District of Indiana
{ I, Jesha Miller have never received this final judgement until 5/28}


BY THE POWER OF THE CONSTITUTIONS CHECKS & BALANCES

The Plaintiff, Jesha Miller, Charges Judge Sarah Evans Barker with obstruction of Justice pertaining to the Constitutions checks & balances
and aiding & abetting Judge David Kiely from justice, refusing to enforce
the law under Title 18, sec. 242, 243, & 245.
Judge Sarah Evans Barker is charged with denying rights under color of law. Her ENTRY May 27, 2010 is evidence she dismissed the Civil Suit May 13, 2010. A Civil Complaint where at issue is the unalienable right, "All men are created equal" in our Declaration of Independence. You can not surrender, sell or transfer unalienable rights, they are a gift from the creator to the individual and can not under any circumstances be surrendered or taken. All individuals have unalienable rights.
This case cannot be dismissed due to the filing fee, could not be dismissed because I demanded a Trial by Jury, or anything else that separates me from my constitutional rights to a fair trial that has been violated by government officials. The Integrity of the entire Judicial Branch of government hinged on you doing the right thing by the rule of law, which you refused to enforce, affirming corruption throughout the Judicial Branch of government. AS AN ACCESSORY YOU, JUDGE SARAH EVANS BARKER MAY WITHDRAW FROM THE CRIME BY INDICTING & ARRESTING THE DEFENDANTS OR FACE CRIMINAL CHARGES FOR VIOLATING MY RIGHTS UNDER COLOR OF LAW & REINSTATE THIS ACTION THAT SEPARATES ME FROM THE UNALIENABLE RIGHTS GUARANTEED BY OUR CONSTITUTIONS BILL OF RIGHTS.

Copies to : Speaker of the House Nancy Pelosi who is to present this to the Senate & House so that the Constitutions Checks & Balances are addressed due to abuse of power in the entire Judicial Branch of government & to help Democracy protect American freedom.

President Barack Obama is to also acknowledge the constitutions Checks & Balances because the Public Integrity Section also failed to indict & arrest officials involved in the crime pursuant to Title 18.
The Public Integrity Section (PIN) oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also monitors the investigation and prosecution of election and conflict of interest crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advice and expertise to other prosecutors and investigators. Since 1978, the Section has supervised the administration of the Independent Counsel provisions of the Ethics in Government Act.
If this section is not arresting officials to uphold any integrity then
without the Checks & Balances officials committing crimes are not held accountable by anyone which is detrimental to the whole system. President Obama's number one duty is to enforce Federal Law & must be given this knowledge to do so due to abuse of power in the Judicial Branch of government.

Defendants Attorneys are witness that the plaintiff charges political corruption against Judge Sarah Evans Barker to prevent the Checks & Balances which put at question the integrity of the entire Judicial Branch of government.


Distribution:

Jean Marie Blanton
ZIEMER STAYMAN WEITZEL & SHOULDERS
jblanton@zsws.com

Patrick A. Shoulders
ZIEMER STAYMAN WEITZEL & SHOULDERS
pshoulders@zsws.com

Betsy M. Isenberg
INDIANA OFFICE OF THE ATTORNEY GENERAL
Betsy.Isenberg@atg.in.gov

Speaker: Nancy Pelosi Call a Congressional Hearing to
Office of the Speaker inform the House & Senate of H-232, US Capitol the Constitutions Checks & Balances Washington, DC 20515 due to abuse of power & a Federal(202) 225-0100 crime in the entire Judicial Branch.





President Barack Obama Enforce federal law & address
The White House the Checks & Balances due to 1600 Pennsylvania Avenue NW political corruption.Washington, DC 20500

Court is petitioned to send copies to President Obama & Nancy Pelosi.

Respectfully Submitted- Jesha Miller __________________________
Date: June 4 , 2010