Unified New York Common Law Grand Jury P.O. Box 59; Valhalla, New York, 10595 May 20, 2014 Hon. Glenn T. Suddaby US District Court Northern District of New York James T. Foley Courthouse; Suite 509 445 Broadway; Albany, NY 12207 RE: Case NO. 1:14-CV-552 GTS/CFH an urgent situation that needs immediate address. Dear Hon. Glenn T. Suddaby On and for the record, on May 9, 2014 the Unified New York Common Law Grand Jury filed a notice of removal of a court of record to the United States District Court for cause stating as follows: 1 NOTICE OF REMOVAL TO UNITED STATES DISTRICT COURT FOR CAUSE 2 COMES NOW New York Unified Common Law Grand Jury, hereinafter the Tribunal , under Article III §2 whereas the judicial power shall extend to all cases, in law arising under the Constitution and Article IV §4 whereas the United States shall guarantee to every state in this union a Republican form of government, and shall protect each of them against invasion of rights. The jurisdiction being the SUPREME LAW OF THE LAND under Article VI Clause 2. Notice is hereby given to the court and all interested parties that case #14-0384 in the New York Supreme Court, Greene County, is removed to the United States District Court for the Northern District of New York for cause. Attached to this letter is a copy of a letter dated May 14, 2014 that the Common Law Grand Jury sent to all New York Supreme Court Judges and a “Bill of Information” that briefly describes New York’s sad state of affairs, and see the contents of the file NO. 1:14-CV-552 GTS/CFH. Also attached find a memorandum of law on the two courts. Current events lead us to bring to remembrance the words penned by Thomas Jefferson that established the united States of America, to remind us of the purpose of government – “security”, and the authority of that government – “the People”; 1 FOR CAUSE. Means for reasons which law and public policy recognize as sufficient warrant for removal and such cause is "legal cause" and not merely a cause which the appointing power in the exercise of discretion may deem sufficient. State ex rel. Nagle v. Sullivan, 98 Mont. 425, 40 P.2d 995, 998, 99 A.L.R. 321. 2 A COURT OF RECORD is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial". [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689]. Page 1 of 3 “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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” And the prudence that we humbly and peacefully, by His grace, walk as we suffer as did our forefathers a long train of abuses and usurpations under absolute Despotism; Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.-Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. In 1962 President John F Kennedy said: “Those who make peaceful revolution impossible will make violent revolution inevitable”. The assault upon the American way of life in the 60’s was clear to the President, ignored by the press and not heard by the People. Today the abuses and usurpations have become clearly visible in our courts and it has become agonizingly clear that the security of Life, Liberty and the pursuit of Happiness has been compromised; and our peace about to be breached from enemies within and from enemies without. Only the People can save America, in the case UNITED STATES v. WILLIAMS3 Justice Antonin Scalia writing for the majority said: “the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It is a constitutional fixture in its own right.4 In fact the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people.5 3 UNITED STATES v. WILLIAMS 112 S.Ct., 1735 504 U.S., 36 118 L.Ed.2d 352, No. 90-1972. 1992; United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S.App.D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825, 98 S.Ct. 72, 54 L.Ed.2d 83 (1977). 5 Stirone v. United States, 361 U.S. 212, 218, 80 S.Ct. 270, 273, 4 L.Ed.2d 252 (1960); Hale v. Henkel, 201 U.S. 43, 61, 26 S.Ct. 370, 373, 50 L.Ed. 652 (1906); 4 Page 2 of 3 Therefore We the People of New York are seeking an amicable conclusion to the aforementioned serious state of affairs here in New York. In 1963 President Kennedy said; “A revolution is coming – a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough – but a revolution which is coming whether we will it or not. We can affect its character; we cannot alter its inevitability”. The inevitable has arrived and this action before you is the Peoples attempt to affect its character in a peaceful revolution, time has expired! We stand at the precipice. In our filing we included a summons to all involved for June 2nd 2014 at 9:30 AM. The People of the Unified New York Common Law Grand Jury has set aside all personal business for that day to travel to Albany, New York for remedy. Today, May 20, 2014 we phoned the court to confirm said date but instead was informed that this common law hearing had not been scheduled. The clerk advised us to write you concerning this urgent matter. Therefore we send this [next day] letter requesting the Common Law Grand Jury be put on the calendar for that date. Time is of the essence, traveling and accommodation plans have already been secured by many. Please respond in writing immediately to confirm June 2nd 2014, or if calendar filled a reasonable other date, by fax [888-891-9077] and then mail to the address above. Thank You. Signed and sealed by order of the UNIFIED NEW YORK COMMON LAW GRAND JURY. ____________________________________________ Unified New York Common Law Grand Jury Foreman Page 3 of 3
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