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This letter is addressed to Joe Bruscato, the State's Attorney of Winnebago County, Illinois. It requests information about whether Bruscato acts on behalf of the state of Illinois or the District of Columbia. It questions whether any attorneys in the State's Attorney's office have valid oaths of office as required by Illinois law. It describes issues that arose in a recent case where the defense attorney admitted she did not have a valid oath and refused to request proof from the prosecutor that he had a valid oath. The letter seeks evidence that the prosecutor is lawfully able to act in Illinois.
Deskripsi Asli:
Letter from Kurt Kallenbach to Illinois State's Attorney demanding subscribed oath
This letter is addressed to Joe Bruscato, the State's Attorney of Winnebago County, Illinois. It requests information about whether Bruscato acts on behalf of the state of Illinois or the District of Columbia. It questions whether any attorneys in the State's Attorney's office have valid oaths of office as required by Illinois law. It describes issues that arose in a recent case where the defense attorney admitted she did not have a valid oath and refused to request proof from the prosecutor that he had a valid oath. The letter seeks evidence that the prosecutor is lawfully able to act in Illinois.
This letter is addressed to Joe Bruscato, the State's Attorney of Winnebago County, Illinois. It requests information about whether Bruscato acts on behalf of the state of Illinois or the District of Columbia. It questions whether any attorneys in the State's Attorney's office have valid oaths of office as required by Illinois law. It describes issues that arose in a recent case where the defense attorney admitted she did not have a valid oath and refused to request proof from the prosecutor that he had a valid oath. The letter seeks evidence that the prosecutor is lawfully able to act in Illinois.
8368 Big Saint Germain Drive Saint Germain, Wisconsin Non-Domestic States Attorney Joe Bruscato Winnebago County Courthouse 400 West State Street Rockford, Illinois RE 673 036 722 US
Dear States Attorney Joe Bruscato, This registered letter is lawful notification to you upon the soil of Illinois as Winnebago County States Attorney, pursuant to The Bill of Rights of the Constitution of the United States, as well as The Constitution, Bill of Rights, and subscribed oath for Illinois, and thus requires your official and immediate action. Your failure to answer or respond as stipulated, and rebut, with particularity, everything in this letter with which you disagree is your lawful, legal, and binding agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and binding, in any court, anywhere in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence. (See Connally v. General Construction Company, 269 U.S. 385). Notification of legal responsibility is the first essential of due process of law. Also, see U.S. v. Tweel, 550 F. 2d. 297. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. I gnorantia juris non excusat Since your office has imposed itself upon my lawful and living wife, Deborah, in her genuine stead upon the soil of Illinois, the very first question that needs a specific answer is: On behalf of what state do you act in your official capacity as the States Attorney? Is it on behalf of the 21 st State of the Republic established December 3, 1818 in Kaskaskia known as Illinois - or - is it on behalf of the District of Columbia defined as a state via Public Act of Congress in 1864? Chap. CLXXIII. An Act to provide Internal Revenue to support the Government, to pay Interest on the Public Debt, and for other Purposes. Sec. 182. And be it further enacted, that wherever the word state [jurisdiction] is used in this act, it shall be construed to include the [jurisdictions of the] territories and the District of Columbia, where such construction is necessary to carry out the provisions of this act. Public Acts of the Thirty- Eighth Congress of the United States. Sess.1. Ch. 173, 174. 1864. (13 Stat. 223). (emphasis mine)
County courts The powers and jurisdiction of such courts are governed by state constitutions or statutes; some with strictly administrative, or strictly judicial functions, or a combination of both; some with only criminal jurisdiction, or only civil, or both; Some have exclusive jurisdictions, others concurrent jurisdiction; such jurisdictional powers may, in addition, be either general or specific. Blacks Law Dictionary 5th Edition
On Friday, January 23, 2014, a little more than two weeks ago, a private attorney, very much to our shock and surprise, quit her retained services only one day after receiving a written request by my wife, Deborah, that she, attorney Melinda Jacobson of the private law firm of Sreenan & Cain, and States attorney/prosecutor, Frank Spataro, must provide substantial evidence of lawful compliance to Illinois Law via a subscribed oath as lawfully required under the Attorney Act known as Illinois Law (705 ILCS 205/4) (from Ch. 13, par. 4). Such a reasonable request would clearly remove any suspicion of attorney Jacobsons lack of lawful compliance, legal capacity, and proper standing upon the soil of Illinois to act in the genuine stead of my living and lawful wife, Deborah, as well as prove lawful compliance, legal capacity, and proper standing of the States attorney/prosecutor, Frank Spataro, who has presumed to engage my wife, Deborah, in her genuine stead in a highly questionable imposition from upon the soil of Illinois. From the Attorney Act (705 ILCS 205/4) (from Ch. 13, par. 4) Sec. 4. Every person admitted to practice as an attorney and counsellor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form: I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of I llinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability. (Source: R.S. 1874, p. 169.) Subscription The act of writing ones name under a written instrument; the affixing ones signature to any document, whether for the purpose of authenticating or attesting it, of adopting its terms as ones own expressions, or of binding ones self by an engagement which it contains. Blacks Law Dictionary 5th Edition As it happened, that Friday during a face-to-face meeting at the county courthouse upon the soil of the Illinois in a small conference room outside the actual court room just moments prior to going before judge Heaslip, attorney Jacobson informed my wife, Deborah, that she WOULD NOT ask for physical proof of compliance to Illinois Law 705 ILCS 205/4 from the States attorney/prosecutor, Frank Spataro, personally stating that she has to work with these people every day and does not want to make the judge mad, and that she herself DID NOT have a lawfully required subscribed oath and in the same breath spoke of refunding her fees. The written request by my wife, Deborah, for physical evidence of compliance to Illinois law was a sincere and honest inquiry concerning suspected misrepresentation by attorney Jacobson which ultimately proved to be true when she admitted to having no subscribed oath - thus no lawful or legal capacity - to act in the genuine stead of my living wife Deborah in any Illinois court. (See: included (a) dated email and (b) faxed request for evidence of lawful compliance by State prosecutor Frank Spataro to attorney Melinda Jacobson) The question is: Did attorney Frank Spataro also misrepresent his lawful capacity to act upon the soil of Illinois? Do you as attorney Frank Spataros employer have substantial evidence that he is in fact in lawful compliance with the Attorney Act and Illinois law - 705 ILCS 205/4? Is Frank Spataro, in fact, an imposter upon Illinois soil? Are there ANY attorneys in the States attorneys office in compliance with Illinois Law - 705 ILCS 205/4? Can you prove it? Nemo auditur propriam turpitudinem allegans
Attorney In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. Nardi v. Poinsatte, D.C.Ind, 46 F.2d 347,348. An agent, or one acting on behalf of another. Sherts v. Fulton Nat. Bank of Lancaster, 342 Pa. 337, 21 A.2d 18. In its most common usage, however, unless a contrary meaning is clearly intended, this term means attorney at law, lawyer or counselor at law. Attorney means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law. Bankruptcy Act, 101(3). The word attorney includes a party prosecuting or defending an action in person. New York C.P.L.R. 105. - Blacks Law 5 th Edition Attorney in fact A private attorney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of business in general, not of a legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney. - Blacks Law 5 th Edition Attorney of record Attorney whose name must appear somewhere in permanent records or files of case, or on the pleadings or some instrument filed in the case, or on the appearance docket. Person whom the client has named as his agent upon whom service of papers may be made. Reynolds v. Reynolds, 21 Cal.2d 580, 134 P.2d 251, 254. An attorney who has filed a notice of appearance (e.g. through a praecipe) and who hence is formally mentioned in the court records as the official attorney of the party. Once an attorney becomes an attorney of record, he often cannot withdraw from the case without court permission. Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. Fed.R.Civil P. 11. - Blacks Law 5 th Edition States attorney An officer who represents the State in securing indictments and in prosecuting criminal cases. Also called District Attorney or Prosecuting Attorney. Commonly he is elected in a county election and his authority is county wide. - Blacks Law Dictionary 5 th Edition On or near January 29, 2014, attorney Jacobson attempted to extricate herself and her law firm from clearly unlawful and non-compliant (illegal) conduct upon the soil of Illinois via formal motion to withdraw as the attorney of record for my wife. She has called it a breakdown of attorney-client relationship and a fundamental disagreement when in fact her conduct had been nothing short of fraudulent, deceitful, and misrepresentative from the beginning. My question is how can an honest and sincere request to provide substantial evidence of lawful compliance with the laws of Illinois be considered a breakdown of attorney-client relationship or fundamental disagreement unless the attorney is in fact NOT WHO THEY REPRESENT THEMSELVES TO BE? If attorney Jacobson has neither the lawful or legal capacity or standing upon the soil of Illinois to act in the genuine stead of my wife, then obviously the fundamental disagreement would be one of LAWFUL ATTORNEY COMPLIANCE WITH ILLINOIS LAW
and not just a difference of opinion as she would have one believe. (See: (c) letter evidencing withdraw as council by attorney Jacobson) Compliance Submission; Obedience; Conformance. - Blacks Law Dictionary 5th Edition Lawful Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to not forbidden by the law. The principal distinction between the terms lawful and legal is that the former contemplates the substance of law, the latter the form of law. To say of an act that it is lawful implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is legal implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense, illegal approaches the meaning of invalid. For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful. Further, the world lawful more clearly implies an ethical content than does legal. The latter (legal) goes no further than to denote compliance, with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility. A further distinction is that the word legal is used as the synonym of constructive, which lawful is not. Thus legal fraud is fraud implied or inferred by law, or made out by construction. Lawful fraud would be a contradiction in terms. Again, legal is used as the antithesis of equitable. Thus, we speak of legal assets, or lawful estate. But there are some connections in which the two words are used as exact equivalents. Thus, a lawful writ, warrant, or process is the same as a legal writ, warrant, or process. - Blacks Law 5 th Edition Capacity Legal qualification, competency, power or fitness. Ability to understand the nature and effects of ones acts. The ability of a particular individual or entity to use, or to be brought into, the courts of a forum. When my wife Deborah and I first sat across the desk of attorney Jacobson, we were living breathing people upon the soil of Illinois and speaking in plain English when we asked her if she could help us. She responded from the soil of Illinois in plain English to living breathing people that she, in fact, could help. We have since found out that she in fact deceived us. With that said, any presumed agreement or contract between my wife Deborah and attorney Jacobson is void on its face for it was completely founded upon deception, misrepresentation, and lacks the full disclosure of her non-compliance with Illinois law 705 ILCS 205/4. Thus, all acts involving attorney Jacobson are tainted from the beginning and must be considered void. Deceit A fraudulent and deceptive misrepresentation, artifice, or device, used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of the party imposed upon. To constitute deceit, the statement must be untrue, made with knowledge of its falsity or with reckless and conscious ignorance thereof, especially if the parties are not on equal terms, made with intent that plaintiff act thereon or in a manner apparently fitted to induce him to act thereon, and plaintiff must act in reliance on the statement in the manner contemplated, or manifestly probable, to his injury. Misrepresentation Any manifestation by words or other conduct by one person to another that, under the circumstances, amounts to an assertion not in accordance with
the facts. An untrue statement of fact. An incorrect or false representation. That which, if accepted, leads the mind to an apprehension of a condition other and different from that which exists. Colloquially it is understood to mean a statement made to deceive or mislead. In a limited sense, an intentional false statement respecting a matter of fact, made by one of the parties to a contract, which is material to the contract and influential in producing it. A misrepresentation, which justifies the rescission of a contract, is a false statement of a substantive fact, or any conduct which leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead. The extradition of a man from his true lawful venue or genuine forum originis is always negatively prejudicial towards the so-called defendant for such an act is only for an individual who has already been accused or convicted of an offense outside its own territory and within the territorial jurisdiction of another. Thus, for a man to ignorantly surrender to such erroneous conduct and waive lawful venue without an objection could be viewed or considered by a court as an indirect admission of guilt or willful participation. It is obvious to anyone having the mental capacity to comprehend reality that my living and lawful wife is not subject to extradition as an it i.e. a nonhuman entity, animal, or abstraction - or - legal construction, conversion, or conveyance, and that from the beginning her unique living manifest essence (DNA) has always been self-evident proof of life here and now - thus lawful standing - upon the soil of Illinois. (See: (d) Secretary of State/ Registered letter # RE 673 036 183 US) Forum originis The court of ones nativity. The place of a persons birth, considered as a place of jurisdiction. - Blacks Law 5 th Edition Venue Formally spelled visne. In common law pleading and practice, a neighborhood; the neighborhood, place, or county in which an injury is declared to have happened. 3 Bl.Comm. 294. - The particular county, or geographic area, in which a court with jurisdiction may hear and determine a case. Venue deals with locality of suit, that is, with question of which court, or courts, of those that possess adequate personal and subject-matter jurisdiction may hear the specific suit in question. It has relation to convenience of litigants and may be waived by consent of parties. Iselin v. La Coste, C.C.A.La., 147 F.2d 791, 795. Venue does not refer to jurisdiction at all. Arganbright v. Good, 46 Cal.App.2d Supp. 877, 116 P.2d 186. Jurisdiction of the court means the inherent power to decide a case, whereas venue designates the particular county or city in which a court with jurisdiction may hear and determine the case. Stanton Trust and Savings Bank v. Johnson, 104 Mont. 235, 65 P.2d 1188, 1189. As such, while a defect in venue may be waived by the parties, lack of jurisdiction may not. - Blacks Law 5th Edition - (emphasis mine) My wife, Deborah, vehemently objected in writing to the waiving of proper and lawful venue by way of a request to provide substantial evidence of lawful compliance to Illinois Law via a subscribed oath as lawfully required under the Attorney Act known as Illinois Law (705 ILCS 205/4) (from Ch. 13, par. 4). Clearly attorney Jacobson evidenced her true allegiance to an alternate jurisdiction, forum, standard, or State with her acts of deception and misrepresentation. Her obvious efforts to effectively remove my wife from her lawful and proper venue in order to sacrifice her person or property (without full disclosure, willful participation,
or true consent) upon the altar of some foreign State terminated the moment Illinois Law was invoked via demand for the lawfully required subscribed oath. (See: Register letter # RE 673 036 722 US Constructive Notice /Assisted Suicide.) It becomes obvious to any man of reason that there are many less than honorable attorneys currently working upon the soil of Illinois transacting millions of dollars of unknown foreign or private business far beyond the truly lawful lands, venue, geographic boundary, and consciousness - thus consent - of those whom they pretend to represent. This bait and switch is used by attorneys who prey caveat emptor upon living men or women lost in legal land by intentionally misleading the so-called client directly into the hands of a foreign government, jurisdiction, forum, etc. Such conduct places every living man or woman at risk of life and limb the moment they mistakenly walk into a so-called court of justice. Not only are such misrepresentative acts despicable, reprehensible, or immoral, they are, in fact, unlawful. "The term resident and citizen of the United States is distinguished from a Citizen of one of the several states, in that the former is a special class of citizen created by Congress." - U.S. v. Anthony 24 Fed. 829 (1873) We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own... United States v. Cruikshank, 92 U.S. 542 (1875) ...he was not a citizen of the United States, he was a citizen and voter of the State, One may be a citizen of a State and yet not a citizen of the United States. - McDonel v. The State, 90 Ind. 320 (1883) "The state citizen is immune from any and all government attacks and procedure, absent contract." see, Dred Scott vs. Sanford, 60 U.S. (19 How.) 393 or as the Supreme Court has stated clearly, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent.- CRUDEN vs. NEALE, 2 N.C. 338 2 S.E. 70 Illinois defined as Adopted at Kaskaskia in convention, August 26, 1818. THE people of the Illinois territory, having the right of admission into the general government as a member of the Union, consistent with the constitution of the United States, the ordinance of congress of 1787, and the law of congress approved April 18th , 1818, entitled "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and for other purposes;" in order to establish justice, promote the welfare, and secure the blessings of liberty to themselves and their posterity, do by their representatives in convention, ordain and establish the following constitution or form of government; and do mutually agree with each other to form themselves into a free and independent state, by the name of the State of Illinois. And they do hereby ratify the boundaries assigned to such state by the act of congress aforesaid, which are as follows, to wit: Beginning at the mouth of the Wabash river, thence up the same, and with the line of Indiana to the northwest corner of said state; then east with the line of the same state, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude 42 degrees and 30 minutes; thence west to the middle of the Mississippi river, and thence down, along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its northwestern shore, to the beginning.
As it now stands, there is no evidence of lawful compliance to Illinois law 705 ILCS 205/4 by any attorney - prosecutor or otherwise - practicing within the 17 th Judicial Circuit court upon the soil of Illinois. The laws of Illinois are very clear in their requirement that every attorney must provide a subscribed oath in order to be in lawful compliance upon the soil of Illinois. That is what the laws of Illinois require and that is what I demand. My wife has been terrorized by an unlawful and quite possibly foreign forensic justice system for the better part of four years now and it is time for the lawful Illinois court(s) to stand upon the laws of Illinois. The law is the law. Unlawful That which is contrary to, prohibited , or unauthorized by law. That which is not lawful. The acting contrary to, or in defiance of the law; disobeying or disregarding the law; While necessarily not implying the element of criminality, it is broad enough to include it. - Blacks Law 5 th Edition Contrary Against; opposed or in opposition to; in conflict with. Contrary to law Illegal; in violation of statute or legal regulations at a given time. In respect of verdict, in conflict with the law contained in courts instructions. You, attorney Bruscato, as the States attorney are now in a position respondeat superior to clear up all the confusion once and for all regarding the legal capacity and lawful standing of all attorneys working for the prosecution upon the soil of Winnebago county within the geographic boundaries of the 21 st State of the Republic established December 3, 1818 in Kaskaskia known as Illinois. Many questions have been posed throughout this writing that requires your immediate attention and answers. Every attorney within the scope of your office, which includes you attorney Bruscato, is hereby requested to provide a subscribed oath proving lawful compliance to Illinois law as required by Illinois law 705 ILCS 205/4 - also known as the Attorney Act.
You have 3 days from receipt of this registered letter to provide via fax number 715-542-2882 all requested material which would in fact prove lawful compliance to work or act upon Illinois soil. Your silence or your failure to provide such proof of lawful Illinois compliance within the time allotted will be considered a default by you, your office, and the State of your employ - ultimately evidencing non-compliance in toto ab initio to the laws of Illinois.
Govern yourself accordingly.
Sincerely,
Cc: Illinois State General Assembly Illinois States Representative Illinois State Senator Illinois Attorney General Illinois Secretary of State Illinois Governor United States Attorney General Alien Property Custodian Her Majestys Attorney General for England and Wales