All federal criminal cases could be declared void
by the Idaho Observer
A petition that may have as many as 180 currently incarcerated co-petitioners has been filed and docketed in the U.S. Supreme Court. The petition, filed Sept 24, 2007, challenges Public Law 80-772 (including Title 18, or the U.S. Criminal Code). Tens of thousands of federal prisoners prosecuted since 1948 may be affected by the Supreme Court’s response.
The 49-page petition and its 119-page appendices supports claims that Public Law 80-772 is invalid. The filing is largely the work of Yori Von Kahl, who has been imprisoned since 1983 for being almost fatally shot by federal marshals who had set up an ambush near Medina, ND, to arrest his father Gordon Kahl. Yori was sentenced to life in prison under Title 18 as an accessory to the shooting deaths of two law enforcement officers though he was guilty of nothing and shot no one.
In a press release, attorneys for the petitioners explained that, “The law is clear; an act of Congress cannot become a law unless it follows each and every procedural step as defined in Article I of the U.S. Constitution. A bill originates in either the House of Representatives or Senate, but its exact text must be approved by a majority vote in both chambers. While Congress is in session, that text must be certified as having been passed in identical form by both Houses (or ‘truly enrolled’) and then signed by the Speaker of the House and President pro tempore of the Senate. The bill is then presented to the President to sign into law.”
According to attorney Barry Bachrach, spokesman for the petitioners, H.R. 3190 was passed by the House on May 12, 1947. The resolution came before the Senate, but Congress adjourned before the bill could be passed. The Senate should have returnedthe bill to the House to be resubmitted to the Senate during a later session. Instead, during the following session, the Senate Committee on the Judiciary continued its review of H.R. 3190 and added a volume of amendments to the bill. The Senate passed “H.R. 3190 As Amended,” which was sent to the House for a vote. While the House agreed with the amendments, the members failed to vote on “H.R. 3190 As Amended.” According to the Constitution, valid business is conducted only when Congress is in session and a majority of members of both Houses are present. Yet, Congress authorized the House Speaker and President of the Senate to sign enrolled bills during an adjournment of indefinite length that began on June 20, 1948. This incomprehensible error was compounded when the Chairman of the Committee on House Administration mistakenly certified as enrolled the original H.R. 3190. Still more errors occurred: the House Speaker and President of the Senate signed the Senate’s “H.R. 3190 As Amended,” the bill was then misrepresented to President Truman as being enrolled, and Truman signed the bill.
“Congressional journals clearly show that the House and Senate each passed two separate bills that were grossly different. According to the Constitution, this means that neither bill ever became law,” Bachrach said.
“Under P.L. 80-772, U.S. district courts were given jurisdiction over all federal offenses. With P.L. 80-772 being invalid, however, the district courts clearly lack jurisdiction. The convictions and sentences of these prisoners are therefore void.” Countries having extradition treaties with the U.S. since 1948 and their citizens, who were turned over for trial in U.S. district courts, also may be affected by the outcome of this case.
Federal prisoners are all encouraged to file behind this landmark petition as soon as possible. Those who qualify and are interested, please have someone notify us at www. NoCriminalCode.us.
Editor’s note: Something happened in June, 1948. The rules changed and the federal government has been maliciously prosecuting, fining and imprisoning Americans for violations of statutes that have not been properly enacted into law. Illusory laws can only be enforced upon those who believe the illusion is real. Whether the Supreme Court hears this case, or hears challenges to Title 21 [see page 22], Title 26 [see page 6] or not isn’t the point. We have to burst the illusion in American minds. Download the petition and appendices. Read them and get clear on the lawless nature of Title 18 prosecutions. (DWH)
