UNITED STATES, ) Case No. 2011 CMD 1048
Plaintiff, )
vs. )
Theresa S. Cao, )
Alleged Defendant, Sui Juris. )
MOTION TO DISMISS
COMES NOW, by special appearance, without accepting the jurisdiction of this Court, alleged Defendant, Theresa S. Cao, a living, breathing, flesh and blood, sovereign woman on the land, an American Citizen and District of Columbia Citizen, with and claiming all her inherent, unlimited, unalienable Constitutionally guaranteed Rights, secured for her by the federal and state Constitutions, with her name properly spelled only in upper and lower case letters, and who hereby respectfully moves this Honorable Court to dismiss the captioned case on the following lawfully based grounds: [Reference # 1 to # 4 below and following Exhibits Listed, A to Z, ONE to TWENTY-FIVE]
In addition, I’m filing this motion unrepresented by this court appointed attorney, Attorney April L. Downs, as she has not upheld her Constitutional oath to assist me with my case. Counsel of record withheld from me vital information pertinent to my defense and misrepresented to me vital information pertinent to my defense, based on the following reasons but not all inclusive: I specifically asked Attorney Downs to research information, which I requested over one month ago in which she failed to obtain on my behalf and in addition, Attorney Downs has purposefully not been forthright with the Plea Deals/Offers made to me by the Prosecution, namely not indicating to me that both the “Stet” Docket and the “FTO” aka. First Time Offender, is one in the same Plea Offers/Deals, made by the Prosecution.
I hereby dismiss Attorney April L. Downs as my Public Defender. WHEREFORE, alleged Defendant respectfully moves this Honorable Court to grant the request for a new appointed Public Defender, who will assist me in my defense, as I am guaranteed the right of counsel, as affirmed in the 6th Amendment, the Bill of Rights, of the Constitution of the U.S.
1. Amendment I [The First Amendment] of the Bill of Rights, of the Constitution of the U.S.A, declares “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
I committed no crime, since I was simply exercising my right of free speech and to petition the Government for a redress of grievances.
My “intent” in attending the historical first-time reading of the Constitution of the U.S., in the U.S. House of Representatives, House Floor, was to witness the newly installed 112th Congress, as of January 5, 2011, to commence to uphold and defend the Constitution of the U.S., as the New Speaker of the House, John Boehner, and Members of Congress, affirmed in there sworn “Oath of Office”. [Reference: Exhibits J, L]
In addition, the Express, a publication of the Washington Post, dated 12.30.2010, story headline: “GOP’s New S.O.P. [Standard Operating Procedure] As they take charge of the House, Republicans plan to put a new focus on the Constitution” cites Incoming Speaker of the House John Boehner: “We always hear members of Congress talking about swearing an oath to represent their constituents when in reality the only oath we take is to the Constitution.” Adding, “We pledge ‘to support and defend the Constitution of the United States.’ No more, no less.” [Reference: Exhibit K]
I arrived at the U.S. Capitol House Gallery, ~10:30am, with the reading of the Constitution of the U.S. commencing ~11am. The people in the House Gallery, including myself, were asked to leave, after the initial round of seating sequence, so as to permit other people to have their turn in the Gallery; we were also informed that we could line up once again and return to the House Gallery. I returned to the House Gallery for a second time, but do not recall the time frame; I believe the Congressmen were reading ~ the latter portion of Article I, of the Constitution of the U.S. Hence, I did not know that I was going to be present at the reading of Article II, Section 1, of the Constitution of the U.S.
Because Commander Fitzpatrick’s complaint naming Obama in Commission of the Crime of Treason, on March 17, 2009, remains unanswered, I was forced to act. Mr. Obama admits his Treason by way of his silence; silence is agreement. Colonel Lakin was forced to act for the same reason. Mr. Obama tacitly admits his Treason.
Obama’s success to install the military police to replace civilian policemen is ongoing, and is an act of Treason.
I’ve been forced to act through the failure of law enforcement officials and all other government officials in positions of authority, who failed to defend and uphold the Constitution of the U.S., specifically, Article II, Section 1, the Natural Born Citizen clause. This is the reason I stand before the court today.
I spoke on the spur of the moment, as an American Citizen, to defend God, Country and the Constitution of the United States and my “intent” was not to “disrupt”, but rather to publicly announce Obama’s Treason, on January 6, 2011. Had this question been reconciled on March 17, 2009, nearly two years ago, neither myself nor Colonel Lakin, would have been forced to act. [Exhibit V, W, X, Y, Z, Exhibit ONE, TWO]
2. Amendment IV [The Fourth Amendment] of the Bill of Rights, of the Constitution of the U.S.A., declares “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Further, no one allegedly injured by my alleged actions made a written complaint against me; therefore, I was unlawfully arrested, which is a violation of the Fourth Amendment.
3. Amendment V [The Fifth Amendment] of the Bill of Rights, of the Constitution of the U.S.A., declares, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The arrest deprived me of due process rights secured in the Fifth Amendment, since I was deprived of my liberty without Constitutionally compliant due process of law.
4. Amendment VI [The Sixth Amendment] of the Bill of Rights, of the Constitution of the U.S.A., declares, “In all criminal prosecutions, the accused shall enjoy the right to a speedy 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 witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Still further, I have the Sixth Amendment right to confront my accuser, but since there is no accuser, since no complaint was filed against me, these charges are bogus and fraudulent, and do not meet Constitutional mandates, thus, must be dismissed.
The Sixth Amendment also guarantees my right to know the nature and cause of the accusations alleged against me. Again, since no valid complaint was filed by an alleged injured party, I was deprived of this right also, and was denied the right to face my accuser. Since there is no lawful accuser, I cannot face a fictitious accuser, thus again, the charges alleged are bogus and fraudulent.
In summary, I spoke on the spur of the moment, as an American Citizen, to defend God, Country and the Constitution of the United States and meant no “intent” to disrupt Congress on January 6, 2011.
I am guaranteed all rights of the Declaration of Independence, the Constitution of the U.S., as affirmed in all the Amendments of the Bill of Rights.
Reference: Exhibits A to Z, Exhibits ONE to TWENTY-FIVE.
Exhibit A. [Copies of my Mini-Hardcopy Book References: Declaration of Independence, circa 1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights, circa 1789, specifically Amendment I – Amendment X aka. First Amendment – Tenth Amendment / Copyright, National Archives Museum, Washington, D.C.]
Exhibit B. [Copies and Transcripts of my Book References: Bill of Rights from Exhibit A, “James Madison proposes the Bill of Rights to the House of Representatives”, circa June 8, 1789]
Exhibit C. [The Charters of Freedom: Authentic Reproductions on Antiqued Parchment: The Declaration of Independence, circa 1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights, circa 1789, specifically Amendment I – Amendment X aka. First Amendment – Tenth Amendment / Copyright, National Archives Experience, National Archives Museum, Washington, D.C.]
Exhibit D. [Copy of the Visitor’s Guide: National Archives Experience / Rotunda for the Charters for Freedom: “The Declaration of Independence”, circa, 1776, The “Constitution of the United States”, circa 1787, “The Bill of Rights”, circa 1789, “Magna Carta”, circa 1297]: View one of the most important documents in the history of democracy. In 1215, when King John confirmed Magna Carta with his seal, he was acknowledging the now firmly embedded concept that no man – not even king – is above the law. The charter established important individual rights that have a direct legacy in the American “Bill of Rights.”]
Exhibit E. [“The Magna Carta”: Sotheby’s New York, December 18, 2007 / circa 1297 / National Archives Museum, Washington, D.C.]
Exhibit F. [Copy of the pocket-sized, Constitution of the United States and the Declaration of Independence, by the United States Senate, 111th Congress, 1st Session, July 29, 2009 / These booklets are available for staffers and constituents in the Senate Office Buildings]
Exhibit G. [Copy of “Law of Nations” circa 1759, 1787, 1792, etal. Vattel, Emer de / 31-Library of Congress Online Catalog Listing / Book 1, Chapter XIX, Sec.212: The natives, or Natural-Born Citizens, are those born in the country, of parents who are citizens…The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.]
Exhibit H. [Copies of “Law of Nations”, Vattel, Emer de / from various sources noted in Library of Congress Book Requests, dated March 11, 2011 / Book 1, Chapter XIX, Sec.212: The natives, or Natural-Born Citizens, are those born in the country, of parents who are citizens…The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.]
Exhibit I. [1-page Document/Article “But ‘Natural Born’ is not defined in the Constitution? Yes it is!” dated December 13-15, 2010 by Ltc. Eldon Bell, Retired Military Doctor/Officer of the Armed Forces of the United States of America states: The Constitution and Emmerich De Vattel’s LAW OF NATIONS has the answer to any questions regarding citizenship abroad and any laws crossing national boundaries: Excerpt 1: Constitution of the U.S., Article II, Sec. 1 & Excerpt 2: De Vattel’s LAW OF NATIONS, circa 1758 Book 1, Chapter XIX, Sec.212]
Exhibit J. [Original, The Washington Post, dated January 7, 2011, story headline: “‘TO FORM A MORE PERFECT UNION,’ BUT READING SPARKS SOME DIVISION”; ‘We the People,’ the abridged version: New Speaker John A. Boehner led more than 130 fellow lawmakers in a recitation of a slightly shortened edition of the Constitution on Thursday. A few passages and their readers: FIRST AMENDMENT, GABRIELLE GIFFORDS [D-Ariz.], as noted in #1]
Exhibit K. [Copy of the Express, a publication of the Washington Post, dated 12.30 2010, story headline: “GOP’s New S.O.P. As they take charge of the House, Republicans plan to put a new focus on the Constitution” cites Incoming Speaker of the House John Boehner: “We always hear members of Congress talking about swearing an oath to represent their constituents when in reality the only oath we take is to the Constitution.” Adding, “We pledge ‘to support and defend the Constitution of the United States.’ No more, no less.”
Exhibit L. [Reference: youtube.com Videos from Swearing in Ceremony & Commencement of 112th Congress, on January 5, 2011 and the Reading of the Constitution of the U.S.A., at the U.S. Capitol on January 6, 2011 / Reference: Oath of Office, Exhibit N]
Exhibit M. [Reference: youtube.com: cspan.com “Birther Arrested during House Reading of the Constitution – 1/6/2011 / youtube.com: birtherreportdotcom, 1/6/2011 / etal.]
Exhibit N. [Document/Article: “How Will Turmoil in the Middle East be resolved?” dated February 6, 2011 by Major General Paul E. Vallely / thepostemail.com / “The Oath is Simple and Reads: “I DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME, THAT I TAKE THIS OBLIGATION FREELY WITHOUT MENTAL RESERVATION OR PURPOSE OF EVASION, AND THAT I WILL FAITHFULLY DISCHARGE THE DUTIES OF THE OFFICE ON WHICH I AM ABOUT TO ENTER: SO HELP ME GOD.””
Exhibit O. [Website Reference: citizensoftheconstitution.com / Margy and Jack Flynn]
Exhibit P. [Website/Book Reference: “Sui Juris: The Truth in Record, A Process for the People to Access the Courts by Pamela & Will Gaston / avoiceforchildren.com]
Exhibit Q. [Document: “Supreme Court Oath Taking Procedures”, Supreme Court / Office of the Curator / Public Information Office / Updated: 07.23.2009 / SCOTUS / Washington, D.C. 20543 / 202.479.3211]
Exhibit R. [Article: “Supreme Court: A to Z” / American Government A to Z Series / Fourth Edition / Kenneth Jost / CQ Press / pp. 310 / Specifies both “Constitutional” and “Judiciary Act of 1789” Oaths of Office]
Exhibit S. [Sworn “Oath of Office” of POTUS / President of the United States / To be Obtained from Library of Congress]
Exhibit T. [Article/Statement: from Paul E. Vallely, MG, US Army [Ret.], Chairman – Stand Up America, dated March 13, 2011, for Theresa S. Cao]
Exhibit U. [Document/Article: The “Battle for Our America” Series – Part One dated March 10, 2011 by Paul E. Vallely, MG, US Army [Ret.], Chairman – Stand Up America / standupamericaus.com]
Exhibit V. [Document/Article: “Two-Year-Old Treason Complaint against Obama has Never Been Answered: It’s Going to Take Large Numbers of People”, dated March 11, 2011 / thepostemail.com / Reference: LCDR Walter Francis Fitzpatrick III, United States Navy Retired / thejaghunter.wordpress.com]
Exhibit W. [Document/Article: “Treason: Two-years and Counting, 3.318 Unanswered Criminal Complaints Naming Obama in Commission of Treason! What Are You Prepared to Do?” / thepostemail.com / thejaghunter.wordpress.com / Reference: Exhibit Above.]
Exhibit X. [Document/Article: “Criminal Allegations Regarding the Commission of Treason, dated March 17, 2009 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit Y. [Document/Article: “Treason is Destroying America…As Obama Always Intended!” dated February 25, 2011 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit Z. [Document/Article: “Has Monroe County Admitted to Violating the Law?: The Judge Can Pick the Foreperson from Wherever They Choose” dated February 25, 2011 / thepostemail.com / thejaghunter.wordpress.com]
Exhibit ONE. [Document/Article: “Our Grand Juries Have Been Taken Away: So Let’s Take Them Back” dated January 23, 2011 / thepostemail.com / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit TWO. [Document/Article: “Operation American Freedom” dated October 14, 2009 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit THREE. [Document/Article: “Since When is Treason a “Diversion?: Entrenched Politicians Ignore and Commit Treason Against the U.S. Constitution”” dated March 11, 2011 by Neil Turner / thepostemail.com]
Exhibit FOUR. [Copy Nuremberg Defense: Principle IV / Safeguard Our Constitution, SafeguardOurConstitution.com / “The Case Against Ltc. Lakin” states: Since the Nuremberg trials after World War II, the Principles espoused at Nuremberg disallowed military officers from using the defense of “following orders.”* From 1946 onward, military officers had a positive duty to establish the lawfulness of their orders and are informed of their “duty to disobey.” *Principle IV]
Exhibit FIVE. [2-page Document/Article: “Shariah Law vs. the Constitution”, dated March 3, 2011 from “Shariah: The Threat to America” or free download at shariahthethreat.com]
Exhibit SIX. [Copy from Headline story from American Thinker / hillbuzz.org / Pamela Geller of atlasshrugs.com who broke the story on FEB 20, 2011, entitled: “AMERICAN BAR ASSOCIATION IS FIGHTING FOR SHARIA LAW IN THE U.S.”
Exhibit SEVEN. [Copy of Headline story from Daily Mail Reporter, dated February 20, 2011, entitled: “EXTREMIST CLERIC TO LEAD WHITE HOUSE PROTEST CALLING FOR MUSLIMS TO ‘RISE UP AND ESTABLISH ISLAMIC STATE IN AMERICA’, British extremist Anjem Choudary – who once said ‘the flag of Islam will fly over the White House’ – has announced he will lead a demonstration calling on Muslims to establish Shariah law across America”]
Exhibit EIGHT. [Article Headline story by Michael Carl dated March 5, 2011 / worldnetdaily.com / Related to Exhibit SEVEN / Quotes from Pastor Terry Jones and Frank Gaffney indicating Shariah Law vs. Constitutional U.S. and the threat of Shariah Law to America’s Republic.
Exhibit NINE. [Copy of Headline story from citizenwarrior.com, dated February 2011, entitled: “SHARIAH FINANCE WATCH HAS LIST OF SHARIAH COMPLIANT BANKS”, According to Shariah Finance Watch…there are two reasons to boycott such banks: First of all, Sharia compliant banks are required to donate two percent of their profits to Muslim “charities,” which are often jihad-related groups, because of course, jihad is an inextricable part of Islamic doctrine. Secondly, the widespread existence of such policies at banks ostensibly legitimizes Sharia law – a backward, misogynistic, intolerant, totalitarian form of law that has no place in the modern world.]
Exhibit TEN. [Copy of Headline story from worldnetdaily.com, dated December 2008] “SHARIAH FINANCE 101 TAUGHT AT THE TREASURY DEPARTMENT”
Exhibit ELEVEN: [Article “Peter King to Proceed with Muslim Radicalization Hearings” dated March 6, 2011 / centrepointnews.com / dailymail.co.uk]
Exhibit TWELVE. [Copy of Headline story from worldnetdaily.com, dated November 8, 2010, “CONGRESS REPORT CONCEDES OBAMA ELIGIBILITY UNVETTED: ‘THERE IS NO SPECIFIC FEDERAL AGENCY’ TO REVIEW CANDIDATES FOR FEDERAL OFFICE”]
Exhibit THIRTEEN. [Copy of Headline story from worldnetdaily.com, dated December 29, 2010, “‘WE NO LONGER HAVE A REPUBLIC SUBSERVIENT TO CONSTITUTION’, OFFICER: LAKIN CASE IS END OF ‘RULE OF LAW’ / See full Post & Email interview]
Exhibit FOURTEEN. [Copy of Headline story from worldnetdaily.com, dated December 20, 2010, “ARMY ‘BIRTHER’ JAILED AT LEAVENWORTH: SUPPORTERS RALLY AROUND DOCTOR WHO CHALLENGED OBAMA’S ELIGIBILITY”]
Exhibit FIFTEEN. [Copy of Headline story from worldnetdaily.com, dated December 16, 2010, “LAKIN SENTENCED: DISMISSAL, 6 MONTHS, DOUBTS ABOUT OBAMA’S INELIGIBILITY NO EXCUSE FOR DISOBEYING ORDER”]
Exhibit SIXTEEN. [Copy of Headline story from worldnetdaily.com, dated December 11, 2010, “MCINERNEY: CONGRESS WILL REVIEW LAKIN CASE, 3-STAR GENERAL WARNS: PHYSICIAN ‘IS NOT GOING TO GET A FAIR TRIAL’”]
Exhibit SEVENTEEN. [Copy of Headline story from worldnetdaily.com, dated December 2, 2010, “LAKIN’S ATTORNEY: CONVICTION ‘CERTAIN’, ‘HE’S VERY DISAPPOINTED IN MILITARY JUSTICE SYSTEM’”]
Exhibit EIGHTEEN. [Copy of Headline story from worldnetdaily.com, dated, February 4, 2010, “OBAMA’S PRAYER: ‘DON’T QUESTION MY CITIZENSHIP’, RAISES ISSUE OF ELIGIBILITY IN SPEECH AT ANNUAL BREAKFAST GATHERING”]
Exhibit NINETEEN. [Copy of Headline story from worldnetdaily.com, dated, February 6, 2010, “‘GOVERNMENT WANTS TO BE YOUR ONE AND ONLY GOD’, FARAH: TEA PARTY’S SUCCESS ONLY MEASURED BY RECLAIMING NATION’S CULTURAL INSTITUTIONS”]
Exhibit TWENTY. [Copy of Headline story from worldnetdaily.com, dated, February 23, 2010, “WHITE HOUSE ‘ON BOARD’ PALESTINIAN UNILATERAL STATEHOOD THREAT, U.N. WOULD RECOGNIZE NEW NATION OUTSIDE OF NEGOTIATIONS WITH ISRAEL”]
Exhibit TWENTY-ONE. [Document / Liberty Counsel: “Right Wing Extremist Card” citing “U.S. DEPARTMENT OF HOMELAND SECURITY / DHS / Describing “RIGHT-WING EXTREMIST” as “Domestic Terrorists”]
Exhibit TWENTY-TWO. [Book Reference: “In the Name of God. Amen: Rediscovering Biblical and Historic Covenants / Daniel J. Ford / copyright 2003]
Exhibit TWENTY-THREE. [Book Reference: “The United States Constitution: What It Says, What It Means / National Archive Museum / Washington, D.C.]
Exhibit TWENTY-FOUR. [Book Reference: “The Freedom Wars: What You Can Do To Preserve Your Rights” by John Whitehead / Founder of Rutherford Institute / rutherfordinstitute.org]
Exhibit TWENTY-FIVE. [Book Reference: “Do You Know the Bill of Rights: A Complete Guide” / by Rutherford Institute / Reference: Exhibit TWENTY-FOUR]
WHEREFORE, for the foregoing valid, lawfully based reasons, alleged Defendant respectfully requests this Honorable Court to dismiss this case in its entirety, with prejudice.
Respectfully submitted,
All Rights Reserved
___________________________
Name: Theresa S. Cao
CERTIFICATE OF SERVICE
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion to Dismiss, was hand delivered on March 14, 2011, to the prosecuting attorney, Mr. Ronald C. Machen, at the following address:
Name of Attorney: Ronald C. Machen Jr.
Office Name: U.S. Department of Justice / U.S. Attorney / District of Columbia
Street Address: Judiciary Center / 555 Fourth Street, N.W.
City, State, zip: Washington, D.C. 20530
All Rights Reserved,
___________________________
Theresa S. Cao, American Citizen
EXHIBIT B
Exhibit B. [Copies and Transcript of my Book References of the Bill of Rights, “JAMES MADISON PROPOSES THE BILL OF RIGHTS TO THE HOUSE OF REPRESENTATIVES”] The Amendments which have occurred to me, proper to be recommended by congress, to the state legislatures are these: FIRST. That there be prefixed to the constitution a declaration – That all power is originally vested in, and consequently derived from the people. That government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.
THAT THE PEOPLE HAVE AN INDUBITABLE, UNALIENABLE, AND INDEFEASIBLE RIGHT TO REFORM OR CHANGE THEIR GOVERNMENT, WHENEVER IT BE FOUND ADVERSE OR INADEQUATE TO THE PURPOSES OF ITS INSTITUTION. FOURTHLY. THE PEOPLE SHALL NOT BE DEPRIVED OR ABRIDGED OF THEIR RIGHT TO SPEAK, TO WRITE, OR TO PUBLISH THEIR SENTIMENTS; AND THE FREEDOM OF THE PRESS, AS ONE OF THE GREAT BULWARKS OF LIBERTY, SHALL BE INVIOLABLE.
THE PEOPLE SHALL NOT BE RESTRAINED FROM PEACEABLY ASSEMBLING AND CONSULTING FOR THEIR COMMON GOOD, NOR FROM APPLYING TO THE LEGISLATURE BY PETITIONS, OR REMONSTRANCES FOR REDRESS OF THEIR GRIEVANCES.
NO PERSON SHALL BE SUBJECT…NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW…
THE RIGHTS OF THE PEOPLE TO BE SECURED IN THEIR PERSONS, THEIR HOUSES, THEIR PAPERS, AND THEIR OTHER PROPERTY FORM ALL UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED BY WARRANTS ISSUED WITHOUT PROBABLE CAUSE, SUPPORTED BY OATHS OF AFFIRMATION, OR NOT PARTICULARLY DESCRIBING THE PLACES TO BE SEARCHED, OR THE PERSONS OR THINGS TO BE SEIZED. [Approximately 6-10 Peace/Shalom Activism Posters and 1-book manuscript? are reported stolen to my Condo Concierge Director]
IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL ENJOY THE RIGHT TO A SPEEDY TRIAL, TO BE INFORMED OF THE CAUSE AND NATURE OF THE ACCUSATION, TO BE CONFRONTED WITH HIS ACCUSERS, AND THE WITNESSES AGAINST HIM; TO HAVE A COMPULSORY PROCESS FOR OBTAINING WITNESSES IN HIS FAVOR; AND TO HAVE THE ASSISTANCE OF COUNSEL FOR HIS DEFENSE.
THE EXCEPTIONS HERE OR ELSEWHERE IN THE CONSTITUTION, MADE IN FAVOR OF PARTICULAR RIGHT,S SHALL NOT BE SO CONSTRUED AS TO DIMINISH THE JUST IMPORTANCEOF OTHER RIGHTS RETAINED BY THE PEOPLE…
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
UNITED STATES, ) Case No. 2011 CMD 1048
Plaintiff, )
Vs. )
Theresa S. Cao, )
Alleged Defendant. )
MOTION TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS
COMES NOW Theresa S. Cao, alleged Defendant, sui juris, a living, breathing, American Citizen, who claims and exercises all inherent, unlimited, unalienable Constitutionally guaranteed Rights, and whose name is properly spelled only in upper and lower case letters, who, now, will accept this Court’s jurisdiction, based on the following valid reasons:
1. I am guaranteed all rights of the Constitution of the U.S., affirmed in all the Amendments of the Bill of Rights. See: Exhibit B. (Book References for the Constitution of the U.S.A., Bill of Rights, Declaration of Independence, Copyright, National Archives Museum, Washington, D.C.)
2. I am guaranteed all rights aforementioned, based on …
3.
WHEREFORE, alleged Defendant respectfully moves this Honorable Court to grant the requested Motion to Claim and Exercise Constitutional Rights aforementioned, valid lawfully based reasons.
Respectfully submitted,
All Rights Reserved
___________________________
Name: Theresa S. Cao
CERTIFICATE OF SERVICE
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion, was sent by first class U.S. Mail, postage prepaid, or hand delivered on this ….day of March, 2011, to the prosecuting attorney, as follows:
Name of Attorney: Ronald C. Machen Jr.
Office Name: U.S. Department of Justice / U.S. Attorney / District of Columbia
Street Address: Judiciary Center / 555 Fourth Street, N.W.
City, State, zip: Washington, D.C. 20530
All Rights Reserved,
___________________________
Theresa S. Cao, American Citizen
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
Theresa S. Cao ) Case No. 2011 CMD 1048
)
vs. )
) DEMAND FOR PRODUCTION
UNITED STATES, et. al. ) OF DOCUMENTS
MOTION FOR DEMAND FOR DISCOVERY / FOIA REQUEST FROM MY RECORDS
COMES NOW Theresa S. Cao, sui juris, a living, breathing, American Citizen, who claims and exercises all inherent, unlimited, unalienable Constitutionally guaranteed Rights, and whose name is properly spelled only in upper and lower case letters, who, now, and demands PRODUCTION OF DOCUMENTS necessary to my defense.
ALL questions are to be answered and all discovery completed before upcoming hearing in the Superior Court of the District of Columbia, the next hearing set for March 15, 2011. All parties are going to be called as witnesses, will be cross examined and shall disclose fully and completely the information demanded.
All records herein requested are to be brought forth in a timely manner by all parties and discovery shall be completed before TRIAL can proceed. Many records requested contain EXCULPATROY EVIDENCE, necessary to my defense and for impeachment of witnesses. Any requested records that are withheld will be criminal obstruction of justice and withholding of evidence, and all parties are being held accountable in the Superior Court of the District of Columbia, Case No. 2011 CMD 1048.
In addition to the records listed in the attached FREEDOM OF INFORMATION/PRIVACY ACT demand….
All records are discoverable not only under the FOIA/PRIVACY ACT and all information is critical to the public knowledge of the methods and operations of government agencies.
Any hearings or trials held before discovery is completed by all parties will be a violation of my civil rights and liberties of due process, and all parties shall be held accountable.
Parties specifically named are in bold type and are all being INDIVIDUALLY SERVED, as well as those named in the body of the FOIA DEMAND AND ADDENDUM. All parties are expected to read the entire document and produce records that apply to them wherein demanded.
1. The PROSECUTOR, shall produce a complete witness list, and complete information disclosing the intended testimony of each witness; also the relevance and purpose of each witnesses testimony that they are going to call. I expect an accurate list that will not be changed many times before trial, as in past proceedings. I expect this information in a timely manner, at least TEN DAYS before any trial in the Superior Court of the District of Columbia.
2. The COURT, shall produce records from every hearing in Case No. 2011 CMD 1048. All court AUDIO and VIDEOTAPES, transcripts and exhibits shall be produced before hearings or trials.
3. The U.S. CAPITOL POLICE, ………. involved with Case No. 2011 CMD 1048…
4. The SECRET SERVICE & all FEDERAL AGENTS….involved with Case No. 2011 CMD 1048
5. The LEGISLATIVE BRANCH OF GOVERNMENT, specifically CHAIRMAN….MAJ. HOUSE LEADER, JOHN BOEHNER, REP. JOHN…GOODLATTE, FROM NEW JERSEY and the 112TH CONGRESS, shall produce records of their SWORN OATHS/AFFIDAVITS OF OFFICE BASED ON THE CONSTITUTION OF THE U.S.
6. The JUDICAL BRANCH OF GOVERNMENT, specifically CHIEF JUSTICE JOHN ROBERTS, & ERIC HOLDER, U.S. ATTORNEY GENERAL, shall produce records of their SWORN OATHS/AFFIDAVITS?? OF OFFICE BASED ON THE CONSTITUTION OF THE U.S.
7. The EXECUTIVE BRANCH OF GOVERNMENT, specifically BARACK HUSSEIN OBAMA and JOE BIDEN, shall produce records of their SWORN OATHS/AFFIDAVITS OF OFFICE BASED ON THE CONSTITUTION OF THE U.S.
ALL DISCOVERY SHALL BE PRODUCED IN A TIMELY MANNER BEFORE UPCOMING HEARINGS IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.
Respectfully submitted,
All Rights Reserved
___________________________
Name: Theresa S. Cao, sui juris
DATE:
Copies attached to Case No. 2011 CMD 1048
and served on all parties named in attached
certificate of service.
CERTIFICATE OF SERVICE
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion, was sent by first class U.S. Mail, postage prepaid, or hand delivered on this ….day of March, 2011, to the prosecuting attorney, as follows:
Name of Attorney: Ronald C. Machen Jr.
Office Name: U.S. Department of Justice / U.S. Attorney / District of Columbia
Street Address: Judiciary Center / 555 Fourth Street, N.W.
City, State, zip: Washington, D.C. 20530
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Theresa S. Cao, American Citizen
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