Petition for Writ of Habeus Corpus
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In the supreme court of the United States
Washington, D.C.
Rarahkwisere: Okwaho, Hoyaheh.
Petitioner.
v.
CLINTON COUNTY SHERIFF,
David Favro
Respondent,
v.
Case Number
THOMAS ANGUS SQUARE,
Assumed Defendant, Misnomer.
PETITION FOR WRIT OF HABEAS CORPUS
---------------------------------------------------------------------------------------------------------NOTICE!
THIS PETITION IS BROUGHT UNDER JURISDICTION OF THE UNITED STATES
FLAG OF PEACE
TITLE 4 U.S.C. SECTIONS 1 & 3, BY PETITIONER.
PETITIONER, AT ALL TIMES RELEVANT, CLAIMS HIS UNALIENABLE AND
SUBSTANTIVE RIGHTS, PROTECTION, IMMUNITIES AND PRIVILEGES.
---------------------------------------------------------------------------------------------------------1.
I, Rarahkwisere: Okwaho, Hoyaneh (Headman), corporation sole for Akwesasne, lord
of the soil, jure soli, suae potestis esse, petition the supreme court of the United States for
ORDER issuing Writ of Habeas Corpus to David Favro, Sheriff of Clinton County, 25
McCarthy Drive, Plattsburgh, New York, above named Respondent, for relief of Petitioner,
Rarahkwisere: Okwaho, out of and under judicial Power of the United States, pursuant to
Article III judicial Power and original jurisdiction of the supreme court of the United States
under the Constitution for the United States of America:
Public Minister – As to matters of public Ministers, such as corporation soles and
embassadors, the supreme court of United States holds original jurisdiction. State
courts and lower federal courts are without jurisdiction.
Due Process -- No one shall be deprived of Life, Liberty or pursuit of Happiness,
without due process of law, or no excessive bail or cruel and unusual punishment.
[federal question];
Further,
Habeas Corpus -- The Writ of Habeas Corpus shall not be suspended, unless when in
cases of Rebellion or Invasion the public Safety may require it;
Page 1 of nine pages.
2.
To: Chief Justice John G Roberts, Jr of the supreme court of the United States, the
petition of Petitioner respectfully shows:
3.
Petitioner, Rarahkwisere: Okwaho, corporation sole, being held as Assumed
Defendant THOMAS ANGUS SQUARE, has residency in Akwesasne, Kanienke; and was
alien and not citizen of the UNITED STATES, nor resident of the STATE OF NEW
YORK as was evidenced by Petitioner’s place of abode, St Regis Road, Akwesasne,
Kanienke.
4.
Petitioner's captors and U.S. Attorney under fraudulent pretense of color of law claim
THOMAS ANGUS SQUARE as resident of Hogansburg, New York. THOMAS ANGUS
SQUARE does not exist, since there is no Birth Certificate bearing, such name and is not
registered security pursuant to 1934 Security and Exchange Act, section 12.
5.
At assumed First Appearance Hearing, prisoner was identified as Thomas Raymond
Angus by United States Attorney, Esquire ELIZABETH A HORSMAN, and by TINA
SUNDAY, New York State Trooper acting under color of law as Saint Regis Mohawk
Tribal Police, a paramilitary occupying force inside borders of Akwesasne, sovereign
foreign State of Kanienke. Their testimony showed that they were acting with unclean
hands, having conflict of interest, seeking vendetta.
6.
Thomas Raymond Angus has residency in Akwesasne, sovereign State of Kanienke,
and was Embassador for Akwesasne, Saint Regis Indians and Lone Wolf Territory.
Embassador Thomas Raymond Angus, who travels on Haudenosaunee Passport, has
traveled to several Nations seeking dipolmatic relations or trade agreements with other
Nations. Petitioner's last mission was to France.
Thomas Raymond Angus was created
free man, north of 45º parallel as portrayed on map, therefore, could not be United States
citizen.
7.
United States District Court in Plattsburgh ruled that THOMAS ANGUS SQUARE
and Thomas Raymond Angus are two separate or different personams at that Hearing;
whereas, mistaken identity, wrong Party, therefore, prisoner should have been released.
8.
Obviously, Petitioner was detained and imprisoned as result of unlawful conversion,
with United States Attorney having need to hold someone for ransom, no matter who, to
justify or cover prison bond sold as security on New York Stock Exchange. It appears
Page 2 of nine pages.
United States Attorney, Esquire ELIZABETH A HORSMAN, attempted to claim Thomas
Raymond Angus as fiduciary for fictional THOMAS ANGUS SQUARE, while holding
Hoyaneh Rarahkwisere: Okwaho as surety, thereof.
Adding securities fraud to
HORSMAN's notorious record of bribing witness in VICTOR LAZORE's Case three
years ago. United States Attorney HORSMAN acted under color of law, custom, practice
or policy contrary to PL 95-144 upon seizing and detaining of Hoyaneh Rarahkwisere:
Okwaho, corporation sole and foreign public Minister.
9.
Hoyaneh (he carries the burden, Headmen) Rarahkwisere: Okwaho, corporation sole
for Akwesasne, was head officer for Akwesasne, sovereign State of Kanienke, sovereign
Nation, not subject to United States, District of Columbia, and was protected from
harassment and detainment as Public Minster under Article III of Constitution for the
United States of America, 28 USC § 1604, and United Nation's Rights of Indigenous
People. Akwesasne registered as foreign State, June 2011.
10.
Respondent, DAVID FAVRO, was citizen of the UNITED STATES, and resident and
employee of COUNTY OF CLINTON, STATE OF NEW YORK.
11.
Petitioner was currently imprisoned and restrained of His Life, Liberty and pursuit of
Happiness at CLINTON COUNTY JAIL, of the STATE OF NEW YORK, which said
facility was currently under control of Respondent, acting under color of law as Clinton
County Sheriff even though there are no lawful sheriffs north of Royal Proclamation Line
or Westchester county (See EXHIBITS A, B, C & D). See NYCPL 1.20(34) verses 2.10.
Fraud negates Sheriff's and U.S. Attorney's claim, ab initio.
12.
Petitioner was not imprisoned or restrained of His Life, Liberty and pursuit of
Happiness by virtue of any lawful process of Article III court of United States or State of
New York or Judge, Commissioner or other Officer thereof, having exclusive or original
jurisdiction by the commencement of lawful action, suit, or other proceeding in such court
or before such commissioner or other officer having jurisdiction inside Akwesasne,
sovereign foreign State.
13.
Petitioner was not imprisoned or restrained of His Life, Liberty and pursuit of
Happiness by virtue of any lawful judgment or decree of competent tribunal of civil or
Page 3 of nine pages.
criminal jurisdiction, or by virtue of lawful judicial Custody order issued upon judicial due
process, judgment or decree having jurisdiction inside Akwesasne, sovereign foreign State.
14.
Petitioner was seized and imprisoned, based on supposed Federal Indictment charging
violations of Commerce and Trade at 18 USC §§ 1955 and 2; 15 USC 1175a and 1176.
Need I mind this court of 1775 German Flats Treaty (Exhibit E) and UN Rights of
Indigenous People. Therefore, U.S. Attorney's claims and Indictment are moot.
15.
There were no implementing Regulations for Statutes, codified at Title 18 USC §§
1955 and 2; 15 USC 1175a and 1176, charged to give force or effect against Petitioner or
assumed Defendant in Judicial Proceeding. Therefore, so-called Indictment was frivolous
and without merit. Petitioner was supposed to be protected from such frivolous action by
28 USC § 1604.
16.
The Sheriff of Clinton County does not have lawful jurisdiction by which to hold, in
direct violation of Constitutional and International Law, Rarahkwisere: Okwaho,
corporation sole, to indefinite detention without cause, proper Indictment or consent.
17.
Prior to assumed First Appearance, Rarahkwisere: Okwaho, whose presence was
special under forced bill of pain and penalty against his Life, Liberty and pursuit of
Happiness, while chained, was beaten for not signing FBI fingerprint card by BELSON
HERNE, New York State Trooper, acting under color of law as Saint Regis Mohawk
Tribal Police and U.S. ICE Agent, and then by brute force fingerprints were taken or
stolen. These are clear violations of Rulings of various Federal Courts and this Court,
Federal Prison Standards, 18 USC § 4100(b) and the Geneva Convention, especially, since
United States was holding foreign Diplomat. Furthermore, Petitioner has been informed
that if present charges were dropped that State of New York will arrest on further charges,
again lacking venue, jurisdiction or authority to do such, being mere act of harassment.
18.
Petitioner after being beaten, while dazed, signed some unidentified contractual
agreement or document under threat of further bodily injury. Said signature and power of
attorney, whether real or assumed, is hereby revoked, ab initio, due to lack of full
disclosure, fraud and misrepresentation.
19.
Petitioner has been falsely imprisoned at Clinton County Jail, since Eighteenth Day of
Twelfth Month (December), A.D. Two-thousand Twelve, without lawful or proper judicial
Page 4 of nine pages.
paper or due process. Petitioner has been held in violations of his Rights for over 720
hours, with value exceeding 50,000 one ounce gold American Eagles; Trezevant v City of
Tampa, 741 F.2d 336. Before release can be effected, mandating one to enter into contract
under coercion and duress were unconstitutional; and constitutes misrepresentation, fraud
or racketeering.
20.
The United States Attorney acted under color of law, custom, practice or policy in
conspiracy with Governor Andrew Cuomo, the butcher of Waco, to cause genocide or
enslavement of sovereign Nation. Cuomo refuses to allow Akwesasne to act as free and
independent sovereign foreign State, demanding that Akwesasne annex to State of New
York and become a subject county of the State of New York.
21.
Kanienkehaka exercising Right of sovereign Nation engaged in management of
casino inside borders of Akwesasne, sovereign State of Kanienke. This being the only
casino on Onkwehonwe Land not licensed by corporate State of New York. Hoyaneh
Rarahkwisere: Okwaho was spiritual adviser in this matter.
22.
The United States Statute, codified at Title 25 USC §§ 233 and 232 (1948), and State
of New York Indian Law, Article 8, §§ 100-114 (1803) were unconstitutional, and were
created in direct violations of Treaties and Constitutional Law. Title 25 USC §§ 233 and
232 were without implementing regulations, therefore, have no force or effect in law.
These Statutes were used to claim police power inside borders of Akwesasne, foreign
State. Therefore, lack of venue, jurisdiction or authority.
23.
The ST REGIS MOHAWK TRIBE was corporate creature of United States Congress,
incorporated in District of Columbia. It sits at pleasure of U. S. Congress, representing the
will of said Congress, and does not represent Kanienkehaka (the People), Akwesasne,
Saint Regis Indians or Kanienke; People, States and Nation foreign and alien to District of
Columbia.
24.
ST REGIS MOHAWK TRIBE under of color of law in 1990, and since, entered into
contract with Governor Mario Cuomo, under pretense to waive “right of sovereignty” of
Kanienkehaka in exchange for filthy lucre and casino privileges.
25.
STATE OF NEW YORK and EMPIRE RESORTS INC have entered criminal
bienterprise of maintaining monopoly on Casinos and Gaming, in direct violation of TaftPage 5 of nine pages.
Hartley Act (1947), Smith Act (1940) and Sherman Antitrust Act (1890), and 13 th
Amendment to the Constitution of the United States, and have openly attacked Right of
sovereignty of Onkwehonwe Nations, enslaving their people.
26.
It was presumed that EMPIRE RESORTS INC operates one of the largest laundering
schemes in North America, under protection of NEW YORK STATE POLICE, Governor
and Attorney General using corporate Indian Tribes, puppet governments, created by
United States Congress to cover or conceal operations.
27.
EMPIRE RESORTS INC reports over three hundred owners; some of which are
George H W Bush, George W Bush, Charles Schumer, Larry Silverstein, Eliot Spitzer,
George Pataki, Mario Cuomo, father of Andrew Cuomo, who have audacity to bring RICO
charges against sovereign foreign Nation, when they are the ones, who racketeer, using
public office and funds to promote their criminal enterprise, Family Business, while
enslaving Onkwehonwe Peoples.
28.
The purported process by which Petitioner, Rarahkwisere: Okwaho, was restrained of
His Life, Liberty and pursuit of Happiness was unlawful in the following respects:
(a) Petitioner was free man of original People, corporation sole, and public
Minister for Akwesasne and St Regis Indians, amenable only to legal process
issued and served under and out of the Judicial Department of the United States,
exercising judicial Power of the United States under Article III of the Constitution
for the United States of America, which limitation has never been waived by
Petitioner;
(b) The pretense under which Petitioner was unlawfully seized and consequently
was imprisoned and restrained of His Life, Liberty and pursuit of Happiness was
legislative (statutory) territorial process of the UNITED STATES OF AMERICA
INC, not issued out of or under the Judicial Department of The State of New York
or the United States, nor could said type of process be issued in exercise of said
judicial Power of The State of New York or the United States, since executive
officers were without authority to act as judicial officers; and at no time has said
authority been granted inside borders or upon land of Akwesasne, especially, lands
belonging to or under control or protection of Kanienkehaka Kaianerekowa
Kanonsesne, as where Hoyaneh Rarahkwisere was captured and seized.
(c) Petitioner was outside and without venue of statutes under pretense for which
He was imprisoned and restrained of His Life, Liberty and pursuit of Happiness;
and was not and can not be named “person” in Indictment as defined in said Codes
of the STATE OF NEW YORK or the UNITED STATES, and His detention under
Page 6 of nine pages.
pretense thereof; and any other proceedings, orders, decrees of the type of
legislative (statutory) process, in excess of said legislative (statutory) venue,
jurisdiction or authority; and in usurpation of aforesaid judicial Power of the
United States;
(d) Petitioner was seized without law by New York State Troopers acting under
color of law as St Regis Mohawk Tribal Police, trespassing upon foreign soil,
against public Minister for Akwesasne and St Regis Indians, who exercised Right,
as sovereign foreign State to engage in commerce or trade freely without license or
restraint under 1775 German Flats Treaty and the United Nations Rights of
Indigenous People; was seized and carried across international border without
extradition, under fraudulent Warrant and Indictment; and was beaten and tortured
before being brought before a judge for assumed First Appearance. Law Enforcers
demonstrated absolute contempt for this Court's previous Rulings as to handling of
prison; but then BELSON HERNE beat and hospitalized another prisoner, VictorJacob, three years ago with immunity.
(e) Petitioner was without law imprisoned and restrained of His Life, Liberty and
pursuit of Happiness in that pretense of Petitioner’s imprisonment and restraint of
Life, Liberty and pursuit of Happiness were without valid force of statue(s),
constitution(s) or lawful acquired venue and jurisdiction.
(f) Petitioner was without law imprisoned and restrained of His Life, Liberty and
pursuit of Happiness in that pretense of Petitioner’s imprisonment and restraint of
Life, Liberty and pursuit of Happiness were without valid force since United States
Attorney acted in bad faith with unclean hands or invested interest, and failed to
allow due process, denying Right and means by which Petitioner could file Bill of
Particulars or other protected affirmative defenses enumerated under FCJPR 12,
but not limited thereto. The UNITED STATES and STATE OF NEW YORK
were estopped from proceeding due to lack of venue, jurisdiction and authority,
and no due process of law. United States Attorney HORSMAN acted under color
of law, custom, practice or policy contrary to PL 95-144.
g) The United States Attorney Generals delegation of authority was in seat of
government, which was in District of Columbia, and not elsewhere, except where
provided by law, 4 USC § 72. “All offices attached to the seat of government shall
be exercised in the District of Columbia, and not elsewhere, except as otherwise
expressly provided by law.” Such law was not expressed for Akwesasne,
Kanienke or State of New York. “The Attorney General and the Federal Bureau of
Investigation may investigate any violation of title 18 involving Government
officers and employees.” Rarahkwisere: Okwaho was not officer or employee of
Unites States, nor did Petitioner reside in the District of Columbia; nor was
Petitioner attached to seat of United States government. Therefore, lack of venue,
jurisdiction and authority.
Page 7 of nine pages.
(h) United States Attorney failed to state claim for which relief may be granted, as
Government Accounting Office and Office of Budget and Management have failed
to initiate claim against THOMAS ANGUS SQUARE, Thomas Raymond Angus
or Rarahkwisere: Okwaho.
(i) “The United States District Court is not a true United States court established
under article 3 of the Constitution to administer the judicial powers of the United
States therein conveyed. It is created in virtue of the sovereign congressional
faculty, granted under article 4, § 3, of that instrument, of making all needful rules
and regulations respecting the territory belonging to the United States. The
resemblance of its jurisdiction to that of true United States courts, in offering an
opportunity to nonresidents of resorting to a tribunal not subject to local influence,
does not change its character as a mere territorial court.” -- Balzac v. Porto Rico
(1922) 42 S.Ct. 343; "The term "District Courts of the United States," as used in
the rules, without an addition expressing a wider connotation, has its historic
significance. It describes the constitutional courts created under article 3 of the
Constitution. Courts of the Territories are legislative courts, properly speaking, and
are not District Courts of the United States. We have often held that vesting a
territorial court with jurisdiction similar to that vested in the District Courts of the
United States does not make it a "District Court of the United States." – Mookini
v. United States (1938) 58 S.Ct. 543. Therefore, United States District Court of
Pattsburgh was without venue, jurisdiction or authority in New York state,
Akwesasne, Saint Regis, Lone Wolf Territory or Kanienke.
28.
The legality of imprisonment and restraint of Liberty of Petitioner has not been
adjudicated upon prior Writ of Habeas Corpus.
29.
WHEREFORE, as the Great Writ may not be suspended, except under conditions of
civil martial law (due to rebellion or invasion), Petitioner demands that Writ of Habeas
Corpus with utmost urgency issue out of and under aforesaid constitutional judicial Power
and judicial Seal of the supreme court of the United States granting relief of Petitioner,
Rarahkwisere: Okwaho, from aforesaid unlawful imprisonment and restraint of His Life,
Liberty and Pursuit of Happiness; and Petitioner will ever demand.
30.
Petitioner, hereby, invokes all remedies available under saving to suitors [28 USC
1333(1)] in order to claim any and all awards for damages for Tort violations by above said
Trespassers, UNITED STATES ATTORNEY, STATE OF NEW YORK, and Officers or
Agents, thereof, as the supreme court deems just or fair for more than twenty-eight days of
false imprisonment, plus all actual or reasonable fees or expenses.
Page 8 of nine pages.
31.
Petitioner, hereby, petitions the supreme court of the United States to further protect
Petitioner by ordering STATE OF NEW YORK and its Officers or Agents to cease and
desist from any further trespass upon these foreign Entities and sovereign Nation.
32.
If this force bill of pain and penalty is allowed to continue against Petitioner's Life,
Liberty and pursuit of Happiness, demand will enter for three-judge court, 28 USC § 2284.
Furthermore, if supreme court allows fraudulent Case in District Court to continue it will
presumed violations of Treaty and International Law by United States were not mistake,
but willful and wanton acts of fraud and misrepresentation to deprive foreign sovereign
State and Nation of their Right to exist. Therefore, Petitioner will consider remand or
petition for redress to Global Tribune in Ottawa.
33.
I, Hoyaneh Rarahkwisere: Okwaho, declare that I am of the age of majority, am
capable of Petitioning for this Writ, in good faith, with clean hands and explicit reservation
of Rights, under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct pursuant to 28 USC 1746(1), except that which was stated on
information and belief, and to that believed to be true, as proper alternative to notarized
statement, without swearing oaths, which were against by Creation. Presented, tendered,
acknowledged and executed this Seventeenth Day of First Month, A.D. Two-thousand
Thirteen.
Further Petitioner saith naught.
Teste meipso,
Seal
Hoyaneh Rarahkwisere: Okwaho.
Jure sanguineus, soli, coronæ
corporation sole for Akwesasne.
Returns to as next of friend:
Bishop David-Andrew:
c/o South Hammond Road, Box 489
Druryville
Lone Wolf Territory, Kanienke
[near13646-4303]
NOTICE: Misdirection of United States Mail is criminal.
Page 9 of nine pages.
Washington, D.C.
Rarahkwisere: Okwaho, Hoyaheh.
Petitioner.
v.
CLINTON COUNTY SHERIFF,
David Favro
Respondent,
v.
Case Number
THOMAS ANGUS SQUARE,
Assumed Defendant, Misnomer.
PETITION FOR WRIT OF HABEAS CORPUS
---------------------------------------------------------------------------------------------------------NOTICE!
THIS PETITION IS BROUGHT UNDER JURISDICTION OF THE UNITED STATES
FLAG OF PEACE
TITLE 4 U.S.C. SECTIONS 1 & 3, BY PETITIONER.
PETITIONER, AT ALL TIMES RELEVANT, CLAIMS HIS UNALIENABLE AND
SUBSTANTIVE RIGHTS, PROTECTION, IMMUNITIES AND PRIVILEGES.
---------------------------------------------------------------------------------------------------------1.
I, Rarahkwisere: Okwaho, Hoyaneh (Headman), corporation sole for Akwesasne, lord
of the soil, jure soli, suae potestis esse, petition the supreme court of the United States for
ORDER issuing Writ of Habeas Corpus to David Favro, Sheriff of Clinton County, 25
McCarthy Drive, Plattsburgh, New York, above named Respondent, for relief of Petitioner,
Rarahkwisere: Okwaho, out of and under judicial Power of the United States, pursuant to
Article III judicial Power and original jurisdiction of the supreme court of the United States
under the Constitution for the United States of America:
Public Minister – As to matters of public Ministers, such as corporation soles and
embassadors, the supreme court of United States holds original jurisdiction. State
courts and lower federal courts are without jurisdiction.
Due Process -- No one shall be deprived of Life, Liberty or pursuit of Happiness,
without due process of law, or no excessive bail or cruel and unusual punishment.
[federal question];
Further,
Habeas Corpus -- The Writ of Habeas Corpus shall not be suspended, unless when in
cases of Rebellion or Invasion the public Safety may require it;
Page 1 of nine pages.
2.
To: Chief Justice John G Roberts, Jr of the supreme court of the United States, the
petition of Petitioner respectfully shows:
3.
Petitioner, Rarahkwisere: Okwaho, corporation sole, being held as Assumed
Defendant THOMAS ANGUS SQUARE, has residency in Akwesasne, Kanienke; and was
alien and not citizen of the UNITED STATES, nor resident of the STATE OF NEW
YORK as was evidenced by Petitioner’s place of abode, St Regis Road, Akwesasne,
Kanienke.
4.
Petitioner's captors and U.S. Attorney under fraudulent pretense of color of law claim
THOMAS ANGUS SQUARE as resident of Hogansburg, New York. THOMAS ANGUS
SQUARE does not exist, since there is no Birth Certificate bearing, such name and is not
registered security pursuant to 1934 Security and Exchange Act, section 12.
5.
At assumed First Appearance Hearing, prisoner was identified as Thomas Raymond
Angus by United States Attorney, Esquire ELIZABETH A HORSMAN, and by TINA
SUNDAY, New York State Trooper acting under color of law as Saint Regis Mohawk
Tribal Police, a paramilitary occupying force inside borders of Akwesasne, sovereign
foreign State of Kanienke. Their testimony showed that they were acting with unclean
hands, having conflict of interest, seeking vendetta.
6.
Thomas Raymond Angus has residency in Akwesasne, sovereign State of Kanienke,
and was Embassador for Akwesasne, Saint Regis Indians and Lone Wolf Territory.
Embassador Thomas Raymond Angus, who travels on Haudenosaunee Passport, has
traveled to several Nations seeking dipolmatic relations or trade agreements with other
Nations. Petitioner's last mission was to France.
Thomas Raymond Angus was created
free man, north of 45º parallel as portrayed on map, therefore, could not be United States
citizen.
7.
United States District Court in Plattsburgh ruled that THOMAS ANGUS SQUARE
and Thomas Raymond Angus are two separate or different personams at that Hearing;
whereas, mistaken identity, wrong Party, therefore, prisoner should have been released.
8.
Obviously, Petitioner was detained and imprisoned as result of unlawful conversion,
with United States Attorney having need to hold someone for ransom, no matter who, to
justify or cover prison bond sold as security on New York Stock Exchange. It appears
Page 2 of nine pages.
United States Attorney, Esquire ELIZABETH A HORSMAN, attempted to claim Thomas
Raymond Angus as fiduciary for fictional THOMAS ANGUS SQUARE, while holding
Hoyaneh Rarahkwisere: Okwaho as surety, thereof.
Adding securities fraud to
HORSMAN's notorious record of bribing witness in VICTOR LAZORE's Case three
years ago. United States Attorney HORSMAN acted under color of law, custom, practice
or policy contrary to PL 95-144 upon seizing and detaining of Hoyaneh Rarahkwisere:
Okwaho, corporation sole and foreign public Minister.
9.
Hoyaneh (he carries the burden, Headmen) Rarahkwisere: Okwaho, corporation sole
for Akwesasne, was head officer for Akwesasne, sovereign State of Kanienke, sovereign
Nation, not subject to United States, District of Columbia, and was protected from
harassment and detainment as Public Minster under Article III of Constitution for the
United States of America, 28 USC § 1604, and United Nation's Rights of Indigenous
People. Akwesasne registered as foreign State, June 2011.
10.
Respondent, DAVID FAVRO, was citizen of the UNITED STATES, and resident and
employee of COUNTY OF CLINTON, STATE OF NEW YORK.
11.
Petitioner was currently imprisoned and restrained of His Life, Liberty and pursuit of
Happiness at CLINTON COUNTY JAIL, of the STATE OF NEW YORK, which said
facility was currently under control of Respondent, acting under color of law as Clinton
County Sheriff even though there are no lawful sheriffs north of Royal Proclamation Line
or Westchester county (See EXHIBITS A, B, C & D). See NYCPL 1.20(34) verses 2.10.
Fraud negates Sheriff's and U.S. Attorney's claim, ab initio.
12.
Petitioner was not imprisoned or restrained of His Life, Liberty and pursuit of
Happiness by virtue of any lawful process of Article III court of United States or State of
New York or Judge, Commissioner or other Officer thereof, having exclusive or original
jurisdiction by the commencement of lawful action, suit, or other proceeding in such court
or before such commissioner or other officer having jurisdiction inside Akwesasne,
sovereign foreign State.
13.
Petitioner was not imprisoned or restrained of His Life, Liberty and pursuit of
Happiness by virtue of any lawful judgment or decree of competent tribunal of civil or
Page 3 of nine pages.
criminal jurisdiction, or by virtue of lawful judicial Custody order issued upon judicial due
process, judgment or decree having jurisdiction inside Akwesasne, sovereign foreign State.
14.
Petitioner was seized and imprisoned, based on supposed Federal Indictment charging
violations of Commerce and Trade at 18 USC §§ 1955 and 2; 15 USC 1175a and 1176.
Need I mind this court of 1775 German Flats Treaty (Exhibit E) and UN Rights of
Indigenous People. Therefore, U.S. Attorney's claims and Indictment are moot.
15.
There were no implementing Regulations for Statutes, codified at Title 18 USC §§
1955 and 2; 15 USC 1175a and 1176, charged to give force or effect against Petitioner or
assumed Defendant in Judicial Proceeding. Therefore, so-called Indictment was frivolous
and without merit. Petitioner was supposed to be protected from such frivolous action by
28 USC § 1604.
16.
The Sheriff of Clinton County does not have lawful jurisdiction by which to hold, in
direct violation of Constitutional and International Law, Rarahkwisere: Okwaho,
corporation sole, to indefinite detention without cause, proper Indictment or consent.
17.
Prior to assumed First Appearance, Rarahkwisere: Okwaho, whose presence was
special under forced bill of pain and penalty against his Life, Liberty and pursuit of
Happiness, while chained, was beaten for not signing FBI fingerprint card by BELSON
HERNE, New York State Trooper, acting under color of law as Saint Regis Mohawk
Tribal Police and U.S. ICE Agent, and then by brute force fingerprints were taken or
stolen. These are clear violations of Rulings of various Federal Courts and this Court,
Federal Prison Standards, 18 USC § 4100(b) and the Geneva Convention, especially, since
United States was holding foreign Diplomat. Furthermore, Petitioner has been informed
that if present charges were dropped that State of New York will arrest on further charges,
again lacking venue, jurisdiction or authority to do such, being mere act of harassment.
18.
Petitioner after being beaten, while dazed, signed some unidentified contractual
agreement or document under threat of further bodily injury. Said signature and power of
attorney, whether real or assumed, is hereby revoked, ab initio, due to lack of full
disclosure, fraud and misrepresentation.
19.
Petitioner has been falsely imprisoned at Clinton County Jail, since Eighteenth Day of
Twelfth Month (December), A.D. Two-thousand Twelve, without lawful or proper judicial
Page 4 of nine pages.
paper or due process. Petitioner has been held in violations of his Rights for over 720
hours, with value exceeding 50,000 one ounce gold American Eagles; Trezevant v City of
Tampa, 741 F.2d 336. Before release can be effected, mandating one to enter into contract
under coercion and duress were unconstitutional; and constitutes misrepresentation, fraud
or racketeering.
20.
The United States Attorney acted under color of law, custom, practice or policy in
conspiracy with Governor Andrew Cuomo, the butcher of Waco, to cause genocide or
enslavement of sovereign Nation. Cuomo refuses to allow Akwesasne to act as free and
independent sovereign foreign State, demanding that Akwesasne annex to State of New
York and become a subject county of the State of New York.
21.
Kanienkehaka exercising Right of sovereign Nation engaged in management of
casino inside borders of Akwesasne, sovereign State of Kanienke. This being the only
casino on Onkwehonwe Land not licensed by corporate State of New York. Hoyaneh
Rarahkwisere: Okwaho was spiritual adviser in this matter.
22.
The United States Statute, codified at Title 25 USC §§ 233 and 232 (1948), and State
of New York Indian Law, Article 8, §§ 100-114 (1803) were unconstitutional, and were
created in direct violations of Treaties and Constitutional Law. Title 25 USC §§ 233 and
232 were without implementing regulations, therefore, have no force or effect in law.
These Statutes were used to claim police power inside borders of Akwesasne, foreign
State. Therefore, lack of venue, jurisdiction or authority.
23.
The ST REGIS MOHAWK TRIBE was corporate creature of United States Congress,
incorporated in District of Columbia. It sits at pleasure of U. S. Congress, representing the
will of said Congress, and does not represent Kanienkehaka (the People), Akwesasne,
Saint Regis Indians or Kanienke; People, States and Nation foreign and alien to District of
Columbia.
24.
ST REGIS MOHAWK TRIBE under of color of law in 1990, and since, entered into
contract with Governor Mario Cuomo, under pretense to waive “right of sovereignty” of
Kanienkehaka in exchange for filthy lucre and casino privileges.
25.
STATE OF NEW YORK and EMPIRE RESORTS INC have entered criminal
bienterprise of maintaining monopoly on Casinos and Gaming, in direct violation of TaftPage 5 of nine pages.
Hartley Act (1947), Smith Act (1940) and Sherman Antitrust Act (1890), and 13 th
Amendment to the Constitution of the United States, and have openly attacked Right of
sovereignty of Onkwehonwe Nations, enslaving their people.
26.
It was presumed that EMPIRE RESORTS INC operates one of the largest laundering
schemes in North America, under protection of NEW YORK STATE POLICE, Governor
and Attorney General using corporate Indian Tribes, puppet governments, created by
United States Congress to cover or conceal operations.
27.
EMPIRE RESORTS INC reports over three hundred owners; some of which are
George H W Bush, George W Bush, Charles Schumer, Larry Silverstein, Eliot Spitzer,
George Pataki, Mario Cuomo, father of Andrew Cuomo, who have audacity to bring RICO
charges against sovereign foreign Nation, when they are the ones, who racketeer, using
public office and funds to promote their criminal enterprise, Family Business, while
enslaving Onkwehonwe Peoples.
28.
The purported process by which Petitioner, Rarahkwisere: Okwaho, was restrained of
His Life, Liberty and pursuit of Happiness was unlawful in the following respects:
(a) Petitioner was free man of original People, corporation sole, and public
Minister for Akwesasne and St Regis Indians, amenable only to legal process
issued and served under and out of the Judicial Department of the United States,
exercising judicial Power of the United States under Article III of the Constitution
for the United States of America, which limitation has never been waived by
Petitioner;
(b) The pretense under which Petitioner was unlawfully seized and consequently
was imprisoned and restrained of His Life, Liberty and pursuit of Happiness was
legislative (statutory) territorial process of the UNITED STATES OF AMERICA
INC, not issued out of or under the Judicial Department of The State of New York
or the United States, nor could said type of process be issued in exercise of said
judicial Power of The State of New York or the United States, since executive
officers were without authority to act as judicial officers; and at no time has said
authority been granted inside borders or upon land of Akwesasne, especially, lands
belonging to or under control or protection of Kanienkehaka Kaianerekowa
Kanonsesne, as where Hoyaneh Rarahkwisere was captured and seized.
(c) Petitioner was outside and without venue of statutes under pretense for which
He was imprisoned and restrained of His Life, Liberty and pursuit of Happiness;
and was not and can not be named “person” in Indictment as defined in said Codes
of the STATE OF NEW YORK or the UNITED STATES, and His detention under
Page 6 of nine pages.
pretense thereof; and any other proceedings, orders, decrees of the type of
legislative (statutory) process, in excess of said legislative (statutory) venue,
jurisdiction or authority; and in usurpation of aforesaid judicial Power of the
United States;
(d) Petitioner was seized without law by New York State Troopers acting under
color of law as St Regis Mohawk Tribal Police, trespassing upon foreign soil,
against public Minister for Akwesasne and St Regis Indians, who exercised Right,
as sovereign foreign State to engage in commerce or trade freely without license or
restraint under 1775 German Flats Treaty and the United Nations Rights of
Indigenous People; was seized and carried across international border without
extradition, under fraudulent Warrant and Indictment; and was beaten and tortured
before being brought before a judge for assumed First Appearance. Law Enforcers
demonstrated absolute contempt for this Court's previous Rulings as to handling of
prison; but then BELSON HERNE beat and hospitalized another prisoner, VictorJacob, three years ago with immunity.
(e) Petitioner was without law imprisoned and restrained of His Life, Liberty and
pursuit of Happiness in that pretense of Petitioner’s imprisonment and restraint of
Life, Liberty and pursuit of Happiness were without valid force of statue(s),
constitution(s) or lawful acquired venue and jurisdiction.
(f) Petitioner was without law imprisoned and restrained of His Life, Liberty and
pursuit of Happiness in that pretense of Petitioner’s imprisonment and restraint of
Life, Liberty and pursuit of Happiness were without valid force since United States
Attorney acted in bad faith with unclean hands or invested interest, and failed to
allow due process, denying Right and means by which Petitioner could file Bill of
Particulars or other protected affirmative defenses enumerated under FCJPR 12,
but not limited thereto. The UNITED STATES and STATE OF NEW YORK
were estopped from proceeding due to lack of venue, jurisdiction and authority,
and no due process of law. United States Attorney HORSMAN acted under color
of law, custom, practice or policy contrary to PL 95-144.
g) The United States Attorney Generals delegation of authority was in seat of
government, which was in District of Columbia, and not elsewhere, except where
provided by law, 4 USC § 72. “All offices attached to the seat of government shall
be exercised in the District of Columbia, and not elsewhere, except as otherwise
expressly provided by law.” Such law was not expressed for Akwesasne,
Kanienke or State of New York. “The Attorney General and the Federal Bureau of
Investigation may investigate any violation of title 18 involving Government
officers and employees.” Rarahkwisere: Okwaho was not officer or employee of
Unites States, nor did Petitioner reside in the District of Columbia; nor was
Petitioner attached to seat of United States government. Therefore, lack of venue,
jurisdiction and authority.
Page 7 of nine pages.
(h) United States Attorney failed to state claim for which relief may be granted, as
Government Accounting Office and Office of Budget and Management have failed
to initiate claim against THOMAS ANGUS SQUARE, Thomas Raymond Angus
or Rarahkwisere: Okwaho.
(i) “The United States District Court is not a true United States court established
under article 3 of the Constitution to administer the judicial powers of the United
States therein conveyed. It is created in virtue of the sovereign congressional
faculty, granted under article 4, § 3, of that instrument, of making all needful rules
and regulations respecting the territory belonging to the United States. The
resemblance of its jurisdiction to that of true United States courts, in offering an
opportunity to nonresidents of resorting to a tribunal not subject to local influence,
does not change its character as a mere territorial court.” -- Balzac v. Porto Rico
(1922) 42 S.Ct. 343; "The term "District Courts of the United States," as used in
the rules, without an addition expressing a wider connotation, has its historic
significance. It describes the constitutional courts created under article 3 of the
Constitution. Courts of the Territories are legislative courts, properly speaking, and
are not District Courts of the United States. We have often held that vesting a
territorial court with jurisdiction similar to that vested in the District Courts of the
United States does not make it a "District Court of the United States." – Mookini
v. United States (1938) 58 S.Ct. 543. Therefore, United States District Court of
Pattsburgh was without venue, jurisdiction or authority in New York state,
Akwesasne, Saint Regis, Lone Wolf Territory or Kanienke.
28.
The legality of imprisonment and restraint of Liberty of Petitioner has not been
adjudicated upon prior Writ of Habeas Corpus.
29.
WHEREFORE, as the Great Writ may not be suspended, except under conditions of
civil martial law (due to rebellion or invasion), Petitioner demands that Writ of Habeas
Corpus with utmost urgency issue out of and under aforesaid constitutional judicial Power
and judicial Seal of the supreme court of the United States granting relief of Petitioner,
Rarahkwisere: Okwaho, from aforesaid unlawful imprisonment and restraint of His Life,
Liberty and Pursuit of Happiness; and Petitioner will ever demand.
30.
Petitioner, hereby, invokes all remedies available under saving to suitors [28 USC
1333(1)] in order to claim any and all awards for damages for Tort violations by above said
Trespassers, UNITED STATES ATTORNEY, STATE OF NEW YORK, and Officers or
Agents, thereof, as the supreme court deems just or fair for more than twenty-eight days of
false imprisonment, plus all actual or reasonable fees or expenses.
Page 8 of nine pages.
31.
Petitioner, hereby, petitions the supreme court of the United States to further protect
Petitioner by ordering STATE OF NEW YORK and its Officers or Agents to cease and
desist from any further trespass upon these foreign Entities and sovereign Nation.
32.
If this force bill of pain and penalty is allowed to continue against Petitioner's Life,
Liberty and pursuit of Happiness, demand will enter for three-judge court, 28 USC § 2284.
Furthermore, if supreme court allows fraudulent Case in District Court to continue it will
presumed violations of Treaty and International Law by United States were not mistake,
but willful and wanton acts of fraud and misrepresentation to deprive foreign sovereign
State and Nation of their Right to exist. Therefore, Petitioner will consider remand or
petition for redress to Global Tribune in Ottawa.
33.
I, Hoyaneh Rarahkwisere: Okwaho, declare that I am of the age of majority, am
capable of Petitioning for this Writ, in good faith, with clean hands and explicit reservation
of Rights, under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct pursuant to 28 USC 1746(1), except that which was stated on
information and belief, and to that believed to be true, as proper alternative to notarized
statement, without swearing oaths, which were against by Creation. Presented, tendered,
acknowledged and executed this Seventeenth Day of First Month, A.D. Two-thousand
Thirteen.
Further Petitioner saith naught.
Teste meipso,
Seal
Hoyaneh Rarahkwisere: Okwaho.
Jure sanguineus, soli, coronæ
corporation sole for Akwesasne.
Returns to as next of friend:
Bishop David-Andrew:
c/o South Hammond Road, Box 489
Druryville
Lone Wolf Territory, Kanienke
[near13646-4303]
NOTICE: Misdirection of United States Mail is criminal.
Page 9 of nine pages.
