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| Neil J. Gillespie |
IN THE SUPREME COURT OF THE UNITED STATES USSC Rule 23 Stay To Justice Thomas
To stay the inauguration of Joe Biden and Kamala Harris as president and vice president pending a decision in Gillespie v. Federal Election Commission, et al.
Note 1: This is a repost of my blog post of January 20, 2021 from my other Justice Network blog that is in litigation. On February 1, 2024, I filed a lawsuit in the Marion County Circuit Court, Fifth Judicial Circuit, Florida, for possession of my Google Account neilgillespie@mfi.net and my recovery phone number 352-615-3819. I am the Plaintiff pro se in case no. 2024-CA-0209 against Alphabet Inc., Google LLC, Verizon Communications Inc., Verizon Wireless Services LLC, and Tracfone Wireless Inc. On February 28, 2024, Defendants Alphabet Inc. and Google LLC, removed my Florida lawsuit to federal court, in the U.S. District Court, Middle District of Florida, Ocala Division, case no. 5:24-cv-00101. On March 26, 2024, U.S. District Judge Marcia Howard remanded the case back to Florida.
Note 2: I do not support Donald Trump. I support the Constitution of the United States. I am a No Party Affiliation (NPA) opposition candidate to Mr. Trump in 2024. I was a NPA opposition candidate to President Trump in 2020. I oppose the mostly political prosecutions of Mr. Trump. On December 17, 2020, I wrote President Trump about my FEC complaint:
"Mr. President: Please find enclosed my Federal Elections Commission Complaint of Election Fraud in the 2020 Presidential Election. As set forth in my complaint, you are the only lawful major candidate for president in 2020 because Joe Biden, Kamala Harris, and Mike Pence are lawyers admitted to practice and Officers of the Court, and therefore prohibited by the U.S. Constitution separation of powers doctrine from election to the executive branch of government."
In Ex parte Garland, 71 U.S. 333 (1866), the U.S. Supreme Court held counselors are officers of the court, not officers of the United States, and that their removal was an exercise of judicial power, not legislative power.
On January 13, 2021, I filed in the USSC a MOTION FOR LEAVE TO FILE, RULE 17, PROCEDURE IN AN ORIGINAL ACTION, and a Rule 23 Stay for the Inauguration of Joe Biden and Kamala Harris, directed to Justice Thomas.
My USSC filing challenged a Federal Election Commission (FEC) letter to me as a candidate, dated January 6, 2021, which I contend was a right to sue letter.
My FEC complaint argued that under the separation of powers doctrine, Joe Biden and Kamala Harris are not eligible to serve in an executive branch office such as president/VP because each of them are lawyers and part of the judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the judiciary. A lawyer, officer of the court, in the executive branch would usurp the separation of powers doctrine set forth in the U.S. Constitution, and is part of a seditious conspiracy by the judicial branch that is a threat to our Republic.
Joe Biden and Kamala Harris should not have been allowed to collect over one billion dollars in campaign donations, and run for president/VP.
My USSC filing and the Court’s response is posted online on Scribd, and linked with a post on my Justice Network blog on January 20, 2021.
The 2020 presidential election was stolen from the American People, not Donald Trump. In my view Trump lost the election under Ex parte Garland because his vice presidential running mate Mike Pence is a lawyer admitted to practice, and therefore an officer of the court, and part of the judiciary. I believe Ex parte Garland also prevents Ron DeSantis and Chris Christie from the executive or legislative branch. But it may not prevent, for example, Vavek Ramasway, on that basis, if after law school he was not admitted to practice.
Many of those who support Trump do so because, inter alia, they perceive his civil and criminal prosecutions as political in nature. And as noted in my USSC filing, many voters, or their family members, have been subject to an American crime against humanity: The incarceration rate in the United States; we lead the world in the percentage of incarcerated citizens. Americans are not bad people, but when lawyers, officers of the court, run every branch of government, this is the tragic outcome: The loss of liberty and the deprivation of rights under color of law.
Gov. Ron DeSantis is perhaps the worst offender of jailing political opponents, or removing them from elected office, such as Andrew Warren, former State Attorney for Florida’s Thirteenth Judicial Circuit. On January 10, 2024, the Eleventh Circuit ruled against DeSantis in the First Amendment retaliation case filed by Andrew Warren, CA11 No. 23-104459. The Order is 59 pages.
Here in the Florida Fifth Judicial Circuit, the judge who sent former Sumter County Commissioner Oren Miller to jail has announced he’s stepping down from the bench. Last week Judge Anthony Tatti declared Miller, age 73, was not guilty in the case after the Florida Fifth DCA overturned Miller’s conviction. Now Miller is demanding that Gov. DeSantis reinstate him to the seat on the county commission. DeSantis suspended Miller at the time of his initial arrest. Miller is also seeking more than $100,000 in back pay that he should have earned during his elected term as commissioner.
On February 4, 2021 I was arrested and ultimately extradited to Florida on a Governor’s Warrant by DeSantis, after Marion County Judge Gary Sanders denied my motion under the Americans With Disabilities Act for a 60 day stay in a political prosecution so I could get retina surgery, done at Wills Eye Hospital in Philadelphia. I unsuccessfully challenged the extradition and was incarcerated on no bond for over a year. Certain pro se documents and a transcript of the extradition hearing are found here in Appendix C to my Alphabet/Google Complaint.
Sarah Thompson, age 35, mentioned in the transcript and pleadings, died of a drug overdose May 12, 2021, two days after I was extradited, at the Stay and Save hotel in Ocala, in the room of a convicted drug trafficker. For some reason, the SAO and Judge Anthony Tatti allowed the man who was arrested for trafficking in fentanyl to plead to a lesser charge, and released him from jail on February 17, 2021, with credit for 188 days time served, and a sentence of 15 years probation. (Matthew Paul Smith, case No. 2020-CF-3414). Sarah’s death was not covered by the news media. Sarah’s family and I got no help from the Marion County Sheriff’s Office (MCSO) with Sarah’s serious addiction problem. Instead, the SAO/MCSO used Sarah to get to me, to stop my defense of a corrupt reverse mortgage home foreclosure, and stop my criticism of government corruption in Marion County.
Sincerely,
/s/
Neil J. Gillespie
Justice Network
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| Justice Thomas |
MOTION FOR LEAVE TO FILE, RULE 17, PROCEDURE IN AN ORIGINAL ACTION
1. Today I am submitting a motion for leave to file under Rule 17, Procedure in an Original Action, under Article III, Controversies to which the United States shall be a Party, in Neil J. Gillespie v. Federal Election Commission (FEC) and the Respondents in my FEC Complaint Of Election Fraud In The 2020 Presidential Election Fraud.
2. Enclosed is my Federal Election Commission (FEC) Complaint Of Election Fraud In The 2020 Presidential Election of December 14, 2020, and Appendix A, FSC16-2031.
3. On December 18, 2020 Shana M. Broussard, Sean J. Cooksey and Allen Dickerson were sworn in as members of the Federal Election Commission, returning a quorum to the agency charged with administering and enforcing federal campaign finance law.
4. The FEC responded January 6, 2021, Exhibit 1 and stated:
"This acknowledges receipt of your letters to the Federal Election Commission on December 14th and December 17th, 2020."
"The Federal Election Commission (the "Commission") is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act of 1971, as amended, and Chapters 95 and 96 of Title 26, United States Code. The Commission has jurisdiction over the financing of campaigns for federal office -- the U.S. House, Senate, and President."
"After careful review of your correspondence, we have determined that your letter does not state any acts that appear to constitute a violation under our jurisdiction."
5. Given the nature of my complaint, I take the FEC response as a right to sue letter.
6. My complaint argues that under the separation of powers doctrine, Joe Biden and Kamala Harris are not eligible to serve in an executive branch office such as president/VP because each of them are lawyers and part of the judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the judiciary. A lawyer, officer of the court, in the executive branch would usurp the separation of powers doctrine set forth in the U.S. Constitution, and is part of a seditious conspiracy by the judicial branch that is a threat to our Republic.
7. Standing in this matter:
NEIL J. GILLESPIE, American Citizen and
Candidate For President ID: P60022993,
NEIL J. GILLESPIE FOR PRESIDENT,
Principal Campaign Committee ID: C00627810
8. Grounds: Letter of the FEC dated January 6, 2021, in re, Complaint Of Election Fraud In The 2020 Presidential Election Fraud;
9. Additional grounds: Crimes against humanity; incarceration rate of the United States; we lead the world in the percentage of people incarcerated:
The United States has the highest prison and jail population (2,121,600 in adult facilities in 2016), and the highest incarceration rate in the world (655 per 100,000 population in 2016).[1] According to the World Prison Population List (11th edition) there were around 10.35 million people in penal institutions worldwide in 2015.[2] The US had 2,173,800 prisoners in adult facilities in 2015.[3] That means the US held 21.0% of the world's prisoners in 2015, even though the US represented only around 4.4 percent of the world's population in 2015.[4][5] https://en.wikipedia.org/wiki/Comparison_of_United_States_incarceration_rate_with_other_countries
10. Americans are not bad people, but when lawyers run every branch of government, this is the outcome. In particular, the so-called The War On Drugs in the Untied States is a war on Americans with addiction, a medical condition, currently being mishandled by the judiciary.
11. As set forth in my complaint, Joe Biden and Kamala Harris, each of whom are Officers of the Court admitted to practice law are part of the judiciary and must be disqualified as candidates for president and vice-president, or any other executive or legislative office.
12. Joe Biden and Kamala Harris are not entitled to solicit or receive campaign contributions for the office of U.S. president or vice president under the Federal Election Campaign Act of 1971, as amended (the "Act"), and Chapters 95 and 96 of Title 26, United States Code.
13. Joe Biden and Kamala Harris are not entitled to receive any Electoral College votes because they are prohibited by the U.S. Constitution separation of powers doctrine from serving in the executive branch as president and vice president. Therefore, Joe Biden and Kamala Harris cannot be elected U.S. president and vice president because they cannot lawfully obtain the 270 electoral votes required to take office.
14. Officers of the Court, admitted to practice law and part of the judicial branch of government, conspire to oppose the government of the United States by force, a seditious conspiracy (18 U.S.C. § 2384) in violation of, inter alia, the U.S. Constitution separation of powers doctrine when serving in the executive and legislative branches of government.
15. The 12th Amendment states that, in cases where no presidential candidate receives a majority of votes in the Electoral College, the House of Representatives will choose from among the top three candidates.
"and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President."
But the House of Representatives is compromised by House members who are Officers of the Court and part of the judicial branch of government wrongly serving in the legislature in violation of the Constitution of the United States separation of powers doctrine. The judiciary is responsible for this breach of the Constitution, a seditious conspiracy (18 U.S.C. § 2384).
16. One of the most compelling arguments against lawyers serving as president is found in an Article by The Honorable Dennis Jacobs, The Secret Life of Judges, 75 Fordham L. Rev. 2855 (2007). http://ir.lawnet.fordham.edu/flr/vol75/iss6/4/ The Article is Exhibit 8 to my complaint
I sometimes think that the problem at bottom is really a lack of respect by
lawyers for other people. Judges live chiefly in a circle of lawyers. But
outside that circle there are people who are just as fully absorbed by other
pursuits that deserve consideration and respect. Judges need a heightened
respect for how nonlawyers solve problems, reach compromises, broker
risks, and govern themselves and their institutions. There are lawyers on the
one hand; and just about everybody else is the competition in the framing of
values and standards of behavior. (par. 4-5, page 2861)
The legal mind is indispensable to lawyering, and for other purposes it is
perfectly okay in its way. But it has its limitations. For example, every
problem-solving profession except ours--quickly adopts as preferred the
solution that is simplest, cheapest, and most efficacious, or (as they say)
elegant... (par. 5, p. 2862)
As a matter of self-awareness and conscience, judges should accept that the
legal mind is not the best policy instrument, and that lawyer-driven
processes and lawyer-centered solutions can be unwise, insufficient, and
unjust, even if our friends and colleagues in the legal profession lead us that
way. For the judiciary, this would mean a reduced role, but not a diminished
one if the judiciary is elevated by considerations of honor, self-restraint, and
respect for other influences. (last par., p. 2863)
17. In Bush v. Gore, 531 U.S. 98 (2000), the U.S. Supreme Court essentially decided the election, a move which a number of legal scholars claim violated the Political Question Doctrine. The doctrine is also referred to as the justiciability doctrine or the nonjusticiability doctrine.
18. A new election must be held because the 2020 presidential election was fatally flawed. Democratic candidates Joe Biden and Kamala Harris are Officers of the Court admitted to practice law are part of the judiciary and must be disqualified as candidates for president and vice-president, or any other executive or legislative office. Republican candidate Mike Pence is an Officer of the Court admitted to practice law and part of the judiciary. Pence must be disqualified as candidate for vice-president, or any other executive or legislative office.
19. As it stands, the Democratic party will have control of a 50-50 Senate chamber through Vice President-elect Kamala Harris’ tiebreaking vote; but Harris is an Officer of the Court admitted to practice law and part of the judiciary and must be disqualified as a candidate for vice-president, or any other executive or legislative office.
20. As set forth in my complaint, this danger by the judicial branch of government is a usurpation of power, aided by the U.S. Department of Justice (a executive department wrongly staffed by Officers of the Court). The seditious conspiracy by the judicial branch is responsible for rigged elections, election fraud, renders oversight of the judiciary moot, and violates the political question doctrine. For example, judicial elections are rigged by limiting the number of candidates to one. Years ago when I was a student in Levittown, PA, I recall one of my teachers condemned communism by ridiculing its elections with only one candidate for whom to vote.
21. In Florida, an unincorporated association known as The Florida Bar, a legal trade guild, is essentially a shadow government of 100,000+ Florida lawyer members, including every state court judge, and virtually every federal judge presiding in the state. The Florida Bar is run by a Board of Governors, 52 lawyers elected by the 100,000+ Florida lawyer members. https://www.floridabar.org/about/bog/
22. The Florida Supreme Court says The Florida Bar acts as is its "arm" for, inter alia, lawyer discipline. The Florida Bar does have its own prosecutors and investigators, but it is a private Gestapo with no public accountability. The Executive Director keeps the bills paid, and the president and president-elect are figureheads who serve for one year. The power lies with "The 52-member Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar, subject to limitations imposed by the Rules Regulating The Florida Bar." Most Floridians have never heard of the 52-member Board of Governors, but it may wield more power than the Florida legislature, a legislative body which is also filled with lawyers who are part of the judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the judiciary.
23. I reject the violent rampage at the U.S. Capital January 6, 2021. I believe those folks are angry because they know something is terribly wrong in American; they are right about that fact. But their frustration and lack understanding of the seditious conspiracy by the judicial branch that has usurped our Republic has caused them to lash out in wrong ways that brings discredit to themselves and discredit to their cause.
24. In 2020 there were 1.33 million lawyers in the United States. I believe a majority of them are honest practitioners who represent clients, ordinary people and small businesses, and corporate and government lawyers. But they too suffer under the jackboot of various bar associations and a handful of powerful lawyer miscreants. The United States Supreme Court unanimously held in Keller v. State Bar of California, 496 US 1 (1990), adopting in effect the prescient minority Justices' dissents in Lathrop v. Donohue, 367 U.S. 820 (1961), that integrated state bars must not venture into political and ideological waters but stick with the narrow, legitimate functions of integrated state bars. To do otherwise these bars would become, as Justice Douglas pointed out in Lathrop, "goose-stepping brigades" that serve neither the public nor the profession.
25. In conclusion, this action may be futile, but someone has to open the discussion on why our Republic is failing under the jackboot of the judiciary.
WHEREFORE, I respectfully move the Court to GRANT this motion.
RESPECTFULLY SUBMITTED January 13, 2021
NEIL J. GILLESPIE
