For years, I have occupied a position which is unique in
American history. Acting pro se, I
progressed a civil action "through" the U.S. Supreme Court which, by
omission, violated my rights under the Seventh Amendment, and I have absolute,
incontrovertible, documented proof of it.
Perhaps, others
have had a wrong pass through the entire federal court system. Perhaps, like me, they have even had proof
of the evil done. However, they
evidently failed to get their story before the general public, which is the
problem that I have had over the years.
But, in this age of computers, I am going to make another attempt to get
my story out.
We are told
that no wrong can pass through our three-tiered system of justice. Well, I am living proof that this is a lie.
We are also
told that, if a wrong did escape the Supreme Court, then Congress stands as a
final check. Well, this doesn't work,
either.
After the
Supreme Court failed to enforce my rights under the Seventh Amendment, which
the Fifth Circuit had violated by making a finding of fact in the appeal which
I had before them, [Whitson v. Whiteley Poultry Co., 162 N.W.2d 102] I went to
the Department of Justice to have them enforce the law which says that my
rights must be "judicially protected." (Lawrence v. State Tax
Commission,
52 S.Ct 556.) However, the Department said that nothing
could be done because of the "separation of powers."
So, I wrote to
several Congressmen. I pointed out
that, under the law in Logan v. United States, 144 U.S. 263, they are given
virtually unlimited power when needed to protect constitutional rights. However, they too failed to act citing the
"separation of powers."
Even though my
dealings with the Department of Justice and with Congress happened during the
Reagan years, the people now on the scene are probably no wiser. Imagine someone thinking that the right to
jury trial, which is a protection from the courts, can be violated by those
very courts because of the separation of powers. In fact, powers were separated to create checks and balances.
Ignorance
played some part in what happened to me.
But, how much of what happened is due to the fact that I was acting pro
se, and everyone involved in government is a member of the legal
profession?
As mentioned, I
have documented proof of everything in court documents and in copies of
correspondence. But, where do I
go? To court? Been there. Done that.
You cannot
imagine the frustration that comes from dealing with people that are sworn to
preserve, protect, and defend the Constitution of the United States, when they
do just the opposite. Well, I took that
same oath when I went into the Army, and it means something to me.
According to
law, "It is just as obligatory upon the citizen to resist encroachments
upon his rights and liberties guaranteed by the constitution as it is for him
to uphold and maintain its integrity."
(Rio Grande Lumber Co. v. Darke, 167 P. 241.)
"The
distinguishing and fundamental characteristic of our federal and state
governments, as distinguished from European governments, recognizes first and
foremost the rights of the individual as against the state."
(Fidelity &
Casualty Co. v. Union Sav. Bank Co., 163 N.E. 221.)
I am obliged by
law to do something about the violation of one of our fundamental rights. And, according to law, my rights are
supposed to prevail. However, in the
case of John Fred Cirillo v . United States of America, where can I find a
forum, for the entire government is a defendant in such an action.
There has been
a gross violation of a basic right, which comes to us from no less than The
Bill of Rights. I am both the victim
and the only witness to this abomination.
Further, The law says that I am to resist this encroachment upon
fundamental rights. Thus, I am cast in
a role for which I have neither the resources nor the charisma to play. So, I am appealing to Mr. H. Ross Perot and
to General Colin Powell for their help in righting a most egregious wrong. However, I am such "small
potatoes" that I cannot even get their attention without help. And, this is what I ask from those who
receive this.
John Fred Cirillo