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‘THIS IS A WRIT OF QUO WARRANTO THIS IS A WRIT OF QUO WARRANTO. Issued on Thursday, September 17, 2015 House Judiciary Committee Senate Committee on the Judiciary C/O: Chairman Bob Goodlatte C/O: Chairman Chuck Grassley 2138 Rayburn House Office Building 224 Dirksen Senate Office Building Washington, D.C. 20515 Washington, D.C. 20510-6050 Phone: (202) 225-3951 Phone: (202) 224-5225 ‘Supreme Court of the United States C/O: Supreme Court Clerk Scott Harris 1 First Street, N.E. Washington, D.C. 20543 Phone: (202) 479-3011 TO: The Senate & House Judiciary Committees Supreme Court Of The United States ce: US Marshal Pamela Talkin FROM: Melissa Balin on behalf of We The People VIA: Certified Mail MEMORANDUM: _ Please Respond Within Thirty Days From Receipt Of This Prerogative Writ Why You Deserve To Remain In Office Or Kindly Remove Yourselves From Office. Please Hold A Formal Investigation On The Cases Of Intentional And Wanton Abuses Of Judicial Immunity Exerted Under The Color Of Law Amounting To Felonious Monell And RICO Violations By Public Officials For More Than Twelve Years In What Would Constitute A Continuing Grave Breach Of The Third And Fourth Geneva Conventions protecting peaceful citizens and their property; Including But Not Limited To, The Documented Cases Of Rodney King, Oscar Grant, Ezell Ford, Michael Brown, Kelly Thomas, Redel Jones, Aaron Swartz, “AFRICA”, Alan Blueford, Sandra Bland, Hector Morejon, and the unborn children of Lynwood County Jail who were innocent victims to the lethal policies and procedures executed in Los Angeles County alone. Please Do Something About The Drug- Running-Human-Trafficking-Mafia-Criminal-Racketeering Organizations Known As The Unconstitutional Centralized Mental Health Court of Los Angeles, LAPD, LA Sheriff's Department, The LA Countywide Criminal Justice Coordination Committee, And The Superior Courts, Who Continue To More Than Refuse To Do Their Job To Protect And Serve The People As Per The Constitution For The United States Of America, Please watch a moving serap-book, for the record, of the trials (literally) and tribulations of filmmaker and activist Melissa Balin ongoing since 2011 called A Mother’s Plea For Justice at https://www.voutube.com/watch?v=In9UPP_wZcE. After three falsified arrests over a thirty-day period, being ordered to L.A.'s Mental Health Court in order to take her Pitchess motion "off calendar", found incompetent to stand trial, then found competent and returned to criminal court, the MISDEMEANOR charges against Balin which had been maliciously prosecuted by BOTH the City Atforney’s Office AND 1 | 10153 % Riverside Drive ~ Suite 465 — Toluca Lake — California ~ 91602 ~ (323)839-0149 We The People Affidavit eeanrscueD NOTARY CERTIFICATE SEP 2.6 205 Sonam D. Kramer, Notary Public ‘THIS IS A WRIT OF QUO WARRANTO. the District Attorney's Office with limited taxpayer resources for MORE THAN FIFTEEN MONTHS, were dismissed In the Interest Of Justice WITHOUT A TRIAL OR DISCOVERY. Attached please find the Change.org #JudiciallmmunityIsALemon petition signed by hundreds of ‘human beings at htip://www.change.org/p/judicial-immunity-is-a-lemon Please read Melissa Balin’s Federal 1983 Complaint and EXHIBITS VOLUMES ONE THROUGH FIVE filed Pro Se with the United States District Court on December 20, 2013 and viewable online at https:// www. scribd.com/collections/4410927/Melissa-Balin-s-Federal-1983-C. The unlawful and biased Judge shuffling and subsequent dismissals WITH PREJUDICE that ensued would indicate that Pro Se litigants are NOT being granted their DUE PROCESS. Please read the Pitchess Motion for Case #1CA16847-02 by court-appointed ICDA attomey Johnny Lai originally filed on September 18, 2012 and re-filed on October 16, 2012, and NEVER HEARD TO THIS DATE involving the unconstitutional and forcible removal of a pregnant female member of the press BY SEVENTEEN SHERIFFS in Open Court, viewable at htps:/Awww.seribd.comv/doc/ 15834482/Pitchess-Re-filed-10-16 Attached Please Find Exhibits 1-33 As Evidence Indicating Continuing Malfeasance of Justice in The Intentional Malicious Prosecution of an Innocent Member of The Press From 2011-2013 In The Case Of filmmaker/activist, Metissa Balin Including, But Not Limited To: 1. Change.org petition signed by 560 Intemational Citizen Journalists to #ExonerateMelissaBalin at http://www.change.org/p/miscarriage-of justice Uninvestigated LAPD Internal Affairs Investigation #CF-12-003316 Los Angeles City Attorney correspondence falscly denial of claim without cause Long Beach City Attorney correspondence falsely stating untimely claim Uninvestigated LASD Internal Affairs Investigation URN#911-00492-4016-187 Hospital Records Falsified by Dr. Olas #113016 on November 14, 2011 Emergency Petition for Immediate Relief filed with the California Supreme Court in San Francisco on November 26, 2012 Transfer of Emergency Petition to the lower Court of Appeals Second Appellate District by Chief Justice Cantit-Sakauey, dated November 27, 2012 9. Court of Appeals denials of a Stay of Proceedings WITHOUT PROPER JURISDICTION by Judge Paul Turner dated November 28, 2012 10. Falsified Commitment Documents Intentionally Falsified By Public Officials of the Court, and State Bar, and by Judge Henry Barela and court-appointed ICDA attorney Anthony Tahan, dated December 5, 2012 11. Denial of Emergency Petition for Relief by Court of Appeals, indicating Jurisdiction belonged to Appellate Court WITHOUT TRANSFERING TO APPELLATE COURT, dated December 7, 2012 12. Falsified Commitment Documents Intentionally Falsified By Public Officials of the Court, by Dr. Kristen Ochoa and Judge Samantha Jessner dated December 20, 2012 13. Falsified and malicious designation of Melissa Balin as “Sexually Violent Predator” WITHOUT ANY CAUSE WHATSOEVER, by Court of Appeals Clerk Abraham Torres 14, Threatening comespondence from court-appointed /CDA attomey Anthony Tahan BACKDATED January 9, 2013 but postmarked January 11, 2013 10153 % Riverside Drive ~ Suite 465 ~ Toluca Lake — California - 91602 — (323)839-0149 We The People Affidavit ae a CERTIFICATE SEP 26 2015 — Jouuhan D. Kramer, Notary Pubic NOY SRY ‘THIS IS A WRIT OF QUO WARRANTO 15. Denial of Mental Health Court Appeal falsely stated as “untimely” 16. LAPD Battery Complaint against court-appointed JCDA attorney Anthony Tahan for body- checking his own client, Melissa Balin, in full public view in open court on January 31, 2013 17. Notarized witness Affidavits testifying to the inappropriate physical assault on January 31, 2013, of Melissa Balin by her court-appointed ICDA attorney Anthony Tahan 18. E-mail correspondence from Dr. Marvin Southard of the Los Angeles Department of Mental Health declaring “competency to stand trial is a legal concept not a clinical one” dated January 10, 2013 19. Court of Appeal Second Appellate District Division, Justice Boren’s denial of appeal of Judge ‘Samantha Jessner’s falsified commitment judgement dated December 20, 2012 UNTIL JUNE 16, 2013, even though and IN LIGHT OF Melissa Balin being found Competent to Stand Trial LESS THAN ONE MONTH after being found Not Competent WITHOUT ANY CAUSE WHATSOEVER, which caused irreparable damage to Balin’s career and “hireability” in 2013 20, Falsified and BACKDATED court filings and denials by the Appellate Division of the Superior Court of Los Angeles 21. Denial of Jurisdiction from the Los Angeles Department of Mental Health dated June 20, 2014 22. Denial of Jurisdiction from Medical Board of California dated June 25, 2013 23. Denials from Commission on Judicial Performance dated June 17,2013 24. Denial from State Bar of California dated April 2, 2013 & July 16, 2013 25. Shenanigans Correspondence ftom The Department Of Ombudsman dated July 15,2013 asking fora signed waiver of claims should they discover any wrongdoing, prior to investigating, 26. Los Angeles Superior Court falsified filing stating “untimely claims” 27. United States District Court dismissals and transferrals to Magistrate Judges WITHOUT PROPER JURISDICTION AND IN SPITE OF DOCUMENTED OBJECTIONS ON THE RECORD 28. Superior Court Judge Daniel Buckley Order Striking Statement of (HIS OWN) Disqualification dated October 23, 2013 29. Court of Appeals denial by Clerk Daniel Potter, on the basis of fee payment dated November 5, 2013, when a fee waiver was already on file 30, Proof of flagrant waste of limited taxpayer resources by Assistant City Attomey Supervisor of Police Litigation Unit, Cory M. Brente, to send back pounds of documents as improperly served rather than taking an elevator the three floors from his office in Room 600 of City Hall to the City Clerk's Office in Room 395 of City Hall, whom he alleged was the “proper agency” to accept service of legal documents on behalf of the City Of Los Angeles 31. Unconstitutional Superior Court Judge Shuffle of Lee Smalley Edmond for Amy D. Hogue in Case #BC549174 BACKDATED as EFFECTIVE AUGUST 1, 2014, with a FILING DATE of AUGUST 4, 2014 32. Unanswered Formal Complaint & Denial of Claims Without Investigation To Los Angeles District Attorney Jackie Lacey; dated March 24, 2014 33. Unanswered Formal Complaint & Denial of Claims Without Investigation To California Attorney General Kamala Harris, dated April 29, 2014 Excessive Force Exerted Under Color Of Law, Perjury Under Oath, Backdated and Knowingly Falsified Court Filings, Falsified Arrest Warrants, and Malicious Prosecution of Falsified Charges, do not constitute "Good Behavior” and these acts were not intended to be protected under the cloak of Judicial Immunity. “Checks and Balances”, while not expressly mentioned in the Constitution for the United 10153 % Riverside Drive — Suite 465 — Toluca Lake — California - 91602 — (323)839-0149 ‘SEE ATTACHED We The People Affidawi NOTARY CERTIFICATE SEP 26 208 SeuathaD.KramesNetay Pic ‘THIS IS A WRIT OF QUO WARRANTO. States of America, are implied, so that no single branch of government becomes too powerful or corrupted. This particular matter of continued and rampant abuse of Judicial Immunity falls under the purview of the Senate and House Judiciary Committees. The continuing failure to investigate the well documented malfeasances of Justice committed by servants of the Court and Public Officials who have taken a sworn Oath to protect and serve the Constitution for the United States of America, has denigrated the respect of the public for the Judiciary. A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondant claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondant to the court, to present proof of his, her, or its authority to execute his, her, or its claimed powers. If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondant must cease to exercise the power. If the power is to hold an office, he, she, or it, must vacate the office. The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondant, not on the demandant. The prerogative Writ Of Quo Warranto remains a right under the Ninth Amendment, which was understood and presumed by the Founders, and which affords the only judicial remedy for violations of the Constitution by public officials and agents. A. “Jurisdiction can be challenged at any time.” Basso v. Utah Power & Light Co., 495 F 2nd 906 at 910. B. "It is axiomatic that the prosecution must always prove territorial jurisdiction over a crime in order to sustain a conviction therefore." U.S. v. Benson, 495 F.2d, at 481 (Sth Cir., 1974). C. "The law provides that once State and Federal Jurisdiction has been challenged, it must be proven." Main vy. Thiboutot, 100 S. Ct. 2502 (1980). D. "Where there is absence of proof of jurisdiction, all administrative and judicial proceedings are a nullity, and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack." Thompson v Tolmie, 2 Pet. 4157, 7L. Ed. 381; and Griffith v. Frazier, 8 Cr. 9, 3 L. Ed. 471. E, "The burden of proving jurisdiction rests upon the party asserting it." Bindell v. City of Harvey, 212 MlApp.3d 1042, 571 N.E.2d 1017 (Ist Dist. 1991). F, In RE GAULT, 387 U.S. I, 87S. Ct. 1428, 18 L. Ed. 2d 527(1967), a case that established that children in juvenile court have the right to DUE PROCESS, the Court reasoned, "Under our Constitution, the condition of being a boy does not justify a kangaroo court." G. Associate Justice William O Douglas once wrote, "[W]here police take matters in their own hands, seize victims, beat and pound them until they confess, there cannot be the slightest doubt that the police have deprived the victim of a right under the Constitution. It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court" (Williams v. United States, 341 U.S. 97, 71 S. Ct.576, 95 L. Ed. 774 [1951)). Article IH Section I of the U.S. Constitution states: The Judges, both of the supreme and inferior Courts, shall hold their Offices during Good Behaviour (emphasis added), and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. In only two circumstances is a judge not immune from liabili @ | 10153 4 Riverside Drive — Suite 465 ~ Toluca Lake — California - 91602 — (323)839-0149 SEE ATTACHED We The People Atfitiavit Notary GeRriGaTe Jonathan D, Kramer, Notary Public SEP 26 2015 THIS IS A WRIT OF QUO WARRANTO (1) for nonjudicial actions; and (2) for actions, though judicial in nature, taken in complete absence of all jurisdiction. Id, at 11-12; Schucker, 846 F. 2d 4.at 120 Prosecutorial Immunity applies to the decision to prosecute a particular case; This immunity covers the knowing use of false testimony at trial, the suppression of exculpatory evidence, and malicious prosecution. Milstein v. Cooley, 257 F. 3d 1004, 1008-09 (9th Cir. 2001). An act done in complete absence of all jurisdiction cannot be a judicial act. Piper v. Pearson, id., 2 Gray 120. “It is no more than the act of a private citizen, pretending to have judicial power which does not exist at all. In such circumstances, to grant absolute judicial immunity is contrary to the public policy expectation that there shall be a Rule of Law. Application of immunity to judges who admitted under oath to engaging in a criminal scheme that lasted for years would indeed be [Quoting Judge Learned Hand in Gregorie v. Biddle, 177 F.2d 579 (2d Cir. 1949)| To find immunity would denigrate the respect of the public for the judiciary, which is dependent upon judges making decisions based on the law and the facts, rather than personal, corrupt motives. We The People, Do Not Yield Our Sovereignty To The Agencies That Serve Us. Whereby; the Tenth Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ‘We The People, hereby ask Congress to create a subcommittee to investigate and address the flagrant abuses of Judicial Immunity and Bad Behavior rampantly exerted by the Judicial Branch under the Color of Law. ‘Thank You For Your Time And Consideration Of This Matter Of Great Importance To The Checks And Balances Of Our Great Nation Indivisible With Liberty And Justice For All. Most Respectfully, Melissa Balin on. lf of We The People ‘SEE ATTACHED NoTARY GeRTInGATE Jonathan D. Kramer, Notary Public Affidavin SEP 26 2015 10153 % Riverside Drive — Suite 465 — Toluca Lake — California - 91602 ~ (323)839-0149 We The People Affidavit SURAT WITH AFFIANT STATEMENT Jonathan D. Kramer, Notary Public Duplicate Embossinent On Originat Document SEP 26 2015 CALIFORNIA JURAT WITH AFFIANT STATEMENT. GOVERNMENT CODE § 8202 |Sieaeononarecarenansnctcac Cast at CAA ARPES NOES CCHEHEOS HSER OROCOECOEEREOEL 1X) See Attached Document (Notary to cross out lines 1-6 below) “See Statement Below (Lines 1-6 to bo completed only by document signer[s}, not Notary) Signature of Document Signer No. 7 Signature of Document Signer No. 2 (if any) [ retary pubic oot fier conplng ths cet vertles on the ety of he mdtual who cg me |_ascument town ns certfate Is tached, nd noth tutes, accra), ay hat doce State of California Subscribed and swom to fatmaldumad) bofore me County of Los Angeles onthis 26 day of TMEBER, 2015 , by Date ‘Month Year « MELISSA S BALIN Lwsrennorerm carn’ coat ORATION 0. KRAMER (Gi cere Commission # 2068560 Name(s) of Signer(s) Notary Publ = Caloris ee a Oo - proved to me on the basis of satisfactory evidence to be the personis}iho appeared bofore, mo. Jonathan D. Kramer, Notary Public “*"*™° Seal Place Notary Seal Above Jonathi OPTIONAL Though this section is optional, compieting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___Document Date: Number of Pages: Signer(s) Other Than Named Above: eee |S sooo SE TOES I ISOC (©2014 National Notary Association - waw.NationalNotary.org + 1-800-US NOTARY (1-800-876-6827) item #5910 ture Of Notary Publi . Kramer, Notary Public