To stay the inauguration of Joe Biden and Pamala Harris as president and vice president pending a decision in Gillespie v. Federal Election Commission, et al.
MOTION FOR LEAVE TO FILE, RULE 17, PROCEDURE IN AN ORIGINAL ACTION
1. Today I am submitting a motion for leave to file under Rule 17, Procedure in an Original Action, under Article III, Controversies to which the United States shall be a Party, in Neil J. Gillespie v. Federal Election Commission (FEC) and the Respondents in my FEC Complaint Of Election Fraud In The 2020 Presidential Election Fraud.
2. Enclosed is my Federal Election Commission (FEC) Complaint Of Election Fraud In The 2020 Presidential Election of December 14, 2020, and Appendix A, FSC16-2031.
3. On December 18, 2020 Shana M. Broussard, Sean J. Cooksey and Allen Dickerson were sworn in as members of the Federal Election Commission, returning a quorum to the agency charged with administering and enforcing federal campaign finance law.
4. The FEC responded January 6, 2021, Exhibit 1 and stated:
This acknowledges receipt of your letters to the Federal Election Commission on December 14th and December 17th, 2020.
The Federal Election Commission (the "Commission") is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act of 1971, as amended, and Chapters 95 and 96 of Title 26, United States Code. The Commission has jurisdiction over the financing of campaigns for federal office -- the U.S. House, Senate, and President.
After careful review of your correspondence, we have determined that your letter does not state any acts that appear to constitute a violation under our jurisdiction.
5. Given the nature of my complaint, I take the FEC response as a right to sue letter.
6. My complaint argues that under the separation of powers doctrine, Joe Biden and Kamala Harris are not eligible to serve in an executive branch office such as president/VP because each of them are lawyers and part of the judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the judiciary. A lawyer, officer of the court, in the executive branch would usurp the separation of powers doctrine set forth in the U.S. Constitution, and is part of a seditious conspiracy by the judicial branch that is a threat to our Republic.
7. Standing in this matter:
NEIL J. GILLESPIE, American Citizen and
Candidate For President ID: P60022993,
NEIL J. GILLESPIE FOR PRESIDENT,
Principal Campaign Committee ID: C00627810
8. Grounds: Letter of the FEC dated January 6, 2021, in re, Complaint Of Election Fraud In The 2020 Presidential Election Fraud;
9. Additional grounds: Crimes against humanity; incarceration rate of the United States; we lead the world in the percentage of people incarcerated:
The United States has the highest prison and jail population (2,121,600 in adult facilities in 2016), and the highest incarceration rate in the world (655 per 100,000 population in 2016).[1] According to the World Prison Population List (11th edition) there were around 10.35 million people in penal institutions worldwide in 2015.[2] The US had 2,173,800 prisoners in adult facilities in 2015.[3] That means the US held 21.0% of the world's prisoners in 2015, even though the US represented only around 4.4 percent of the world's population in 2015.[4][5] https://en.wikipedia.org/wiki/Comparison_of_United_States_incarceration_rate_with_other_countries
10. Americans are not bad people, but when lawyers run every branch of government, this is the outcome. In particular, the so-called The War On Drugs in the Untied States is a war on Americans with addiction, a medical condition, currently being mishandled by the judiciary.
11. As set forth in my complaint, Joe Biden and Kamala Harris, each of whom are Officers of the Court admitted to practice law are part of the judiciary and must be disqualified as candidates
for president and vice-president, or any other executive or legislative office.
12. Joe Biden and Kamala Harris are not entitled to solicit or receive campaign contributions for the office of U.S. president or vice president under the Federal Election Campaign Act of 1971, as amended (the "Act"), and Chapters 95 and 96 of Title 26, United States Code.
13. Joe Biden and Kamala Harris are not entitled to receive any Electoral College votes because they are prohibited by the U.S. Constitution separation of powers doctrine from serving in the executive branch as president and vice president. Therefore, Joe Biden and Kamala Harris cannot be elected U.S. president and vice president because they cannot lawfully
obtain the 270 electoral votes required to take office.
14. Officers of the Court, admitted to practice law and part of the judicial branch of government, conspire to oppose the government of the United States by force, a seditious conspiracy (18 U.S.C. § 2384) in violation of, inter alia, the U.S. Constitution separation of powers doctrine when serving in the executive and legislative branches of government.
15. The 12th Amendment states that, in cases where no presidential candidate receives a majority of votes in the Electoral College, the House of Representatives will choose from among the top three candidates.
"and if no person have such majority, then from the persons having the highest numbers
not exceeding three on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President."
But the House of Representatives is compromised by House members who are Officers of the
Court and part of the judicial branch of government wrongly serving in the legislature in
violation of the Constitution of the United States separation of powers doctrine. The judiciary is
responsible for this breach of the Constitution, a seditious conspiracy (18 U.S.C. § 2384).
16. One of the most compelling arguments against lawyers serving as president is found in an Article by The Honorable Dennis Jacobs, The Secret Life of Judges, 75 Fordham L. Rev. 2855
(2007). http://ir.lawnet.fordham.edu/flr/vol75/iss6/4/ The Article is Exhibit 8 to my complaint
I sometimes think that the problem at bottom is really a lack of respect by
lawyers for other people. Judges live chiefly in a circle of lawyers. But
outside that circle there are people who are just as fully absorbed by other
pursuits that deserve consideration and respect. Judges need a heightened
respect for how nonlawyers solve problems, reach compromises, broker
risks, and govern themselves and their institutions. There are lawyers on the
one hand; and just about everybody else is the competition in the framing of
values and standards of behavior. (par. 4-5, page 2861)
The legal mind is indispensable to lawyering, and for other purposes it is
perfectly okay in its way. But it has its limitations. For example, every
problem-solving profession except ours--quickly adopts as preferred the
solution that is simplest, cheapest, and most efficacious, or (as they say)
elegant... (par. 5, p. 2862)
As a matter of self-awareness and conscience, judges should accept that the
legal mind is not the best policy instrument, and that lawyer-driven
processes and lawyer-centered solutions can be unwise, insufficient, and
unjust, even if our friends and colleagues in the legal profession lead us that
way. For the judiciary, this would mean a reduced role, but not a diminished
one if the judiciary is elevated by considerations of honor, self-restraint, and
respect for other influences. (last par., p. 2863)
17. In Bush v. Gore, 531 U.S. 98 (2000), the U.S. Supreme Court essentially decided the election, a move which a number of legal scholars claim violated the Political Question Doctrine. The doctrine is also referred to as the justiciability doctrine or the nonjusticiability doctrine.
18. A new election must be held because the 2020 presidential election was fatally flawed. Democratic candidates Joe Biden and Kamala Harris are Officers of the Court admitted to practice law are part of the judiciary and must be disqualified as candidates for president and vice-president, or any other executive or legislative office. Republican candidate Mike Pence is an Officer of the Court admitted to practice law and part of the judiciary. Pence must be disqualified as candidate for vice-president, or any other executive or legislative office.
19. As it stands, the Democratic party will have control of a 50-50 Senate chamber through Vice President-elect Kamala Harris’ tiebreaking vote; but Harris is an Officer of the Court admitted to practice law and part of the judiciary and must be disqualified as a candidate for vice-president, or any other executive or legislative office.
20. As set forth in my complaint, this danger by the judicial branch of government is a usurpation of power, aided by the U.S. Department of Justice (a executive department wrongly staffed by Officers of the Court). The seditious conspiracy by the judicial branch is responsible for rigged elections, election fraud, renders oversight of the judiciary moot, and violates the political question doctrine. For example, judicial elections are rigged by limiting the number of candidates to one. Years ago when I was a student in Levittown, PA, I recall one of my teachers condemned communism by ridiculing its elections with only one candidate for whom to vote.
21. In Florida, an unincorporated association known as The Florida Bar, a legal trade guild, is essentially a shadow government of 100,000+ Florida lawyer members, including every state court judge, and virtually every federal judge presiding in the state. The Florida Bar is run by a Board of Governors, 52 lawyers elected by the 100,000+ Florida lawyer members. https://www.floridabar.org/about/bog/
22. The Florida Supreme Court says The Florida Bar acts as is its "arm" for, inter alia, lawyer discipline. The Florida Bar does have its own prosecutors and investigators, but it is a private Gestapo with no public accountability. The Executive Director keeps the bills paid, and the president and president-elect are figureheads who serve for one year. The power lies with "The 52-member Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar, subject to limitations imposed by the Rules Regulating The Florida Bar." Most Floridians have never heard of the 52-member Board of Governors, but it may wield more power than the Florida legislature, a legislative body which is also filled with lawyers who are part of the judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the judiciary.
23. I reject the violent rampage at the U.S. Capital January 6, 2021. I believe those folks are angry because they know something is terribly wrong in American; they are right about that fact. But their frustration and lack understanding of the seditious conspiracy by the judicial branch that has usurped our Republic has caused them to lash out in wrong ways that brings discredit to themselves and discredit to their cause.
24. In 2020 there were 1.33 million lawyers in the United States. I believe a majority of them are honest practitioners who represent clients, ordinary people and small businesses, and corporate and government lawyers. But they too suffer under the jackboot of various bar associations and a handful of powerful lawyer miscreants. The United States Supreme Court unanimously held in Keller v. State Bar of California, 496 US 1 (1990), adopting in effect the prescient minority Justices' dissents in Lathrop v. Donohue, 367 U.S. 820 (1961), that integrated state bars must not venture into political and ideological waters but stick with the narrow, legitimate functions of integrated state bars. To do otherwise these bars would become, as Justice Douglas pointed out in Lathrop, "goose-stepping brigades" that serve neither the public nor the profession.
25. In conclusion, this action may be futile, but someone has to open the discussion on why our Republic is failing under the jackboot of the judiciary.
WHEREFORE, I respectfully move the Court to GRANT this motion.
RESPECTFULLY SUBMMITTED January 13, 2021
NEIL J. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
