Signed Declaration of facts, memorandum of law.


  • My name is (Left Blank - We'll substitute Kalash though)

  • I am a naturally born citizen of the United States of America, and as such have certain unalienable rights.

  • Among these rights are liberty, pursuit of happiness, property, and association.

  • The free exercise of any of these rights cannot be a crime.

    The claim and exercise of a constitutional right cannot be converted into a crime” Miller v US, 230 F 486

    "There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945

    Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 348 US 436

    The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his business in his own way. His power to contract is unlimited... His rights are such as existed by the law of the land antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution... He owes nothing to the public so long as he does not trespass upon their rights.” Hale v. Henkel, 201 U.S. 43

  • A crime is defined as the infringement upon the rights of another.

    Component parts of every crime are the occurrence of a specific kind of injury or loss, somebody’s criminality as source of the loss, and the accused’s identity as the doer of the crime; the first two elements are what constitutes the concept of “corpus delecti.”  U.S. v. Shunk, 881 F.2d 917, 919 C.A. 10

  • The plaintiff, raising the complaint and initiating the proceedings must have standing in order for there to be a case.

    Standing in no way depends on the merits of the plaintiff’s contention that particular conduct is illegal.”  Watkins v. Resorts Intern. Hotel & Casino, 591 A.2d 592, 601 (N.J. 1991).

    A plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief... The injury alleged must be, for example, 'distinct and palpable,' Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 100 and not 'abstract' or 'conjectural' or 'hypothetical,' Los Angles v. Lyons, 461 U.S. 95, 101-102; O'Shea v Littleton, 414 U.S. 488, 494.” Allen v. Wright 486 U.S. 737

    The plaintiff must show that he himself is injured by the challenged action of the defendant.  The injury may be indirect, see United States v. SCRAP, 412 U.S. 669, 688, 93 S.Ct. 2405, 2416, 37 L.Ed.2d 254 (1973), but the complaint must indicate that the injury is indeed fairly traceable to the defendant’s acts or omissions.  Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 41-42, 96 S.Ct. 1917, 1925-1926, 48 L.Ed.2d 450 (1976); O’Shea v. Littelton, 414 U.S. 488, 498, 94 S.Ct. 669, 677, 38 L.Ed2d 674 (1974); Linda R. S. v. Richard D., 410 U.S. 614, 617, 93 S.Ct. 1146, 1148, 35 L.Ed.2d 536 (1973).”  Vil. of Arlington Hts. v. Metro Housing Dev., 429 U.S. 252, 262.

  • Without a plaintiff there can be no complaint, no formal charges, no case.

  • With no injured party there can be no corpus delicti; there is no crime.

  • This court is without jurisdiction as there is no legitimate complaint, no evidence of a plaintiff, and without these fundamental requirements, there is no case or controversy for the court to preside over.

  • As there is no criminal complaint by a plaintiff with standing, the charges against me are not only frivolous, without merit, but they are a criminal attempt to deprive me of my unalienable rights to possess and contract with my private property – taking notice of U.S. Code Title 18 Chapter 13 sections 241 and 242.

  • The basis of the charges against me are for violations of laws that are unconstitutional, as they criminalize the exercise of unalienable rights of property ownership, use of private property for personal gain, right to contract, and freedom of religion and association.

  • Mala prohibita laws are nothing more than legislated opinions – arbitrary opinions of congress or the legislature, seeking to compel performance with the will of the legislative body.

  • I am not a slave of congress, nor do I owe them any duty.

    The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to diviulge his business, or to open his doors to investigation, so far as it may tend to criminate him. He owed nothing to the state, since he receives nothing from them, beyond the protection of his life and property... He owes nothing to the public so long as he does not trespass upon their rights.” Hale v. Henkel, 201 U.S. 43

  • As these laws prohibit my exercise of my unalienable rights without violating the rights of another, they are unconstitutional and invalid. I must not obey them, nor must the court enforce it.

    An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425

    "No one is bound to obey an unconstitutional law and no courts are bound to enforce it."16th American Jurisprudence 2d, Section 177 late 2nd, Section 256

    "If there is any conflict between the provisions of the Constitution [enumerated powers to make law] and the provisions of the Amendments [Bill of Rights], the Amendments must control." Schick vs U.S. 195 US 65, 49 L.Ed. 99, 24 S. Ct. 826

  • Unless THE UNITED STATES can provide proof of standing in this case, I demand immediate dismissal with prejudice.

  • Unless the prosecution can provide the authority for the laws I am charged with that supercedes my constitutional rights, I demand immediate dismissal with prejudice.

  • Failure of the court to dismiss this case – to quash – will be seen as an act in aide of the conspiracy against my rights in violation of U.S. Code Title 18 Chapter 13 Section 241.

  • The court will be liable for any loss of rights due to this conspiracy, both criminally and civilly under U.S. Code Title 42 Section 1983.

    Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.” Owen v. Independence, 100 S.C.T. 1398, 445 US 622