Tuesday, December 21, 2010


The United States Supreme Court defined a judicial act of "warring on the constitution" as treason.  Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).  "Warring on the constitution" includes acting without jurisdiction, in violation of laws. See United States v. Will, 449 U.S. 200, 216 at footnote 19, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821)"

"Without authority or jurisdiction, NOT FOLLOWING THE STATUTORY LAW --the prosecutor and the judges lose absolute immunity against suit and are subject to suit for unlawful arrest, unlawful incarceration, and malicious prosecution."


(excerpts below)

"Both Presiding Criminal Court Judge Paul P. Biebel Jr. and Clerk of the Court Dorothy Brown take oaths of office to uphold the law. Both are grossly violating the law and their oaths of office regarding appeals to the Illinois Appellate Court..  There is a fundamental violation of the United States Constitution's 5th and 14th Amendment right to procedural due process ...

In violation of the above laws and rules, Dorothy Brown instead of filing the Notice of Appeal with the Illinois Appellate Court, files a "Notice" of Notice of Appeal. She then sends the Notice of Appeal to Judge Biebel and Judge Biebel in a hearing without notice to or presence of litigants or defendant's attorney or counsel makes a ruling as to whether or not he will allow the Notice of Appeal to be transmitted to the Illinois Appellate court. This writer met with Clerk Brown and her staff in December 2009 and she confirmed that her office was following this unlawful procedure. She pledged to look into it, but has not changed the procedure to be lawful as of this date."

"Judge Biebel has NO jurisdiction or legal authority to hold this hearing or even make any decision as to whether Clerk Brown is going to transmit the Notice of Appeal, as the Circuit Court judges lose all jurisdictional rights upon the filing of a notice of appeal.

"When Judge Biebel illegally quashes an appeal this denies the defendant his 5th an 14th Amendment Constitutional right to due process. This is an act of defying the constitution or "warring on the constitution," as defined by the U.S. Supreme Court.  As this is knowingly and willfully done by Judge Biebel, this is treason as defined under federal law. To be called a traitor is a serious allegation, but judges who knowingly impair an appeal in a criminal case in open violation of law fall into this category as this sort of conduct is so egregious and violative of fundamental rights known by all judges. The case against Clerk Brown would be weaker as she claimed that she didn't know what her staff was doing in December 2009 to this writer. However, she has failed to correct this violation of law."

"This writer was unlawfully charged with Medicaid vendor fraud by Illinois Attorney General Lisa Madigan in 2004. The writer was found not guilty by jury trial in February 2009 and has filed a federal civil rights suit against AG Madigan, as well as Judges Jorge Alonso and Kathleen Pantle for unlawfully prosecuting her and unlawfully incarcerating her pre-trial without legal authority to do so, without probable cause, and therefore without jurisdiction. AG Madigan had no jurisdiction under Illinois law to bring these charges as only the county States Attorney has legal authority in Illinois to charge someone with Medicaid vendor fraud. Therefore, technically AG Madigan as well as Judges Alonso and Pantle have committed treason since they were fully knowledgeable of this fact pre-trial through this writer's pre-trial motions.

This writer was NOT appealing an acquittal. She was appealing a pre-trial dismissal of a motion concerning the court's jurisdiction. This writer properly argued that AG Madigan did not have authority to bring the charges of Medicaid vendor fraud; the charges were barred by the Constitution's Supremacy Clause since the Federal Medicaid Code specifically allows doctors to bill for services of their employees; and therefore, the Circuit Court of Cook County had no jurisdiction.

Jurisdiction is a justiciable issue (a controversy in this case) and double jeopardy is not invoked as this writer could not be retried if she wins or loses the appeal. Therefore, United States Supreme Court case law requires that this Illinois Supreme Court rule not be used to deny the appeal by this writer as the dismissal of the appeal violates prior United States Supreme Court holdings on this issue of appeals in cases of acquittal."

"Without authority or jurisdiction, the prosecutor and the judges lose absolute immunity against suit and are subject to suit for unlawful arrest, unlawful incarceration, and malicious prosecution."