State of Hawaii v. Trump

Filing 237

MOTION to Intervene ("Tertius Interveniens Notice of Lack of Standing of State of Hawaii to Challenge President's Executive Order (Travel Ban)); (FRCVP Rule 20(a)(2)(B) & 28 USC 1397)" - by Intervenor Eric Richard Eleson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service, # 8 Mailing Documentation) (emt, )

OflrG-

ORIGINAL
Eric Richard; eleson,® Secured Party

RLED IN THE
UNITED STATES DISTRICT COURT

In Care Of: MULE CREEK-II STATE PRISON

DISTRICT OF HAWAII

[j-^s^jc E 1 V E D

Fac. D-16-A103-3Low

20^17 ^

U.S.P.S. Box 409089

CLERK U.S. DISTRICT COURT

lone, Califiomia

Near[PZ: 95640-9089] N. America
Authorized Representative for and via:

at

MAR 20 2017 A

^o'clock and

min._

SUE BEIT1A, CLERK

ERIC RICHARD ELESON©,Trust(J-59564) p-lfRicfoFHAWAlt
district court of the united States

for the district of Hawaii [If Necessary]
The words"district court of the united States" commonly describe constitutional courts created under
Artiele III, Section 1 .... U.S.C.A. Constitution of the United States, Article III, Section 1. Note 1 14

Case No. U 17.- CS/tQC^- DKmJ-TOA

ALLEGED STATE OF HAW AH,

Judge:

Petitioner,
VS.

TERTIUS interveniens NOn.CE OF
LACK OF STANDING OF STATE OF

DONALD TRUMP,

HAWAII TO CHALLENGE PRESIDENT'S

EXECUTIVE ORDER (TRAVEL BAN); ^

PRESIDENT OF UNITED STATES •

(FROP RULE
EXHIBITS "A" TO "F"; JUDICIAL

Respondent

NOTICE OF ALL DOCUMENTS
vs.

CERTIFICATE OF SERVICE BY MAIL

Eric Richard; eleson®, Secured Part}',
Tertius Interveniens/Auth. Rep. ex rel.

ERIC RICHARD ELESON®, Trust,(J-59564)
Tertius Interveniens.

J

COMES NOW, Eric Richard; eleson®, Secured Party, Tertius Interveniens/
Authorized Representative for Tertius Interveniens (hereinafter,!.I.) in support

of Respondent, DONALD TRUMP, and submits his NOTICE (and Proof) of alleged
STATE OF HAWAI'I's Lack of Standing to File Challenge to Respondent's Executive
Order (Travel Ban), until U.S. Supreme Court resolves Tertius Intervenien's
Challenge to the Constitutionality of an (alleged) Act of Congress, Fraudulently
Adopting the Failed Treaty of Annexation of the Republic of Hawai'i via an
unconstitutional Joint Resolution of 1897. ("Newland's Resolution'').
NOT. Lack of Standing

Page 1 of 4

I.

BACKGROUND

STATEMENT OF FACTS

obtained document(s) (attached hereto
Exhibit A ), from the STATE OF HAWAII Archivist, and filed them (with aas
Subpoena)

in Case No. Cr. 89-1659, on Decatber 27th, 1989. It was T.l.'s intention to use

mZltrr""'

was

e°5-32 £r™ which
(KI
Art to §4 4 HRS
t ^r®™"" the County District Attomey(s) are empoweredXVI,prosecute
^ses (T.I.'s No(s) 7165(2), 7754(2), 4 7688(2) - 5/20/1984). T.l. suffered
tamiiy problems and had to leave Hawai'i.

2. In 1995, during T.I.'s Trial, he stated on the Stand (sworn Testimony) that
the above had occurred and provided the Court with his Case No. to obtain proof
an copies. Ihis was NOT done, and was IGNORED by the CA Superior Court, which
then used the VOID conviction as a "Strike."

FRM^s ®^"tuallyillegallyPetition for a all the way up.Corpus Ground SEVEN,
filed a Time-Barred" Writ of Habeas (See: on that and other
'^

attached as Exhibit "B", in cases. i-iKw
x c oii;oo/
j•
_ , XII Cases* CRW-A9n88 & S-216294, and instant Exhibit "A

was attached as Exh. "11" to those Petition(s)).

3. Duri^ T.I.'s 9th Circuit Appeal (No. 15-16697), T.l. received an Internet
icle by University of Hawaii (Manoa) Richardson School of Law, Professor,
Zl r r?
"ith the

ChalL r :k

^

Exhiwri tt n
In f

Notice; and the

Acts (FRCvP Rule 5.1/28 USC §2403) with

a ^^

"£")• These documents were IGNORED by the

ZZ
Barred " ^"F d

Duty" pursuant to said
^^^^^SAlly) Dismissed as 'Time-

sol^'T H T r

^

^^-^X-^hing, documents, tontract, and even the most

This H " Court may also consider Exhibit(s)61,"4," "B,"L. "£' as "Filed"
^■^°'^l™"^ton, 98 US 64, 25 4 Ed. 93 (1798).
Honorable
in t^s instant case, as if done originally, for its own purposes.
• .1. then submitted a Petition for Writ of Certiorari (Exhibit "D") to the
U.S. supreme tourt Oiich was allegedly filed on May 23, 2016, and DoTketed on

sept^ber 19, 2016. (#16-5987). T. I. then sent F.O. l.A.'s to:
1) the U.S. ATTORNEY GENERAL (w/Non-Resnonse^

4) the SECRETARY OF STATE, JOHN KERRY (li/So R^^nsef
NOT. Lack of Standing
Page 2 of 4

5)the NATIONAL ARCHIVES & RECORDS ADMINISTRATION (w/No Restxjnse)

) the OFFICE OF SECRETARY OF STATE (FOIA Div. - Refered back to NARA)

and received NO responsive "Official" document(s). (See: F.O.I.A.'s attached

hereto as Exhibit "E") These were also sent to the U.S. Supreme Court Clerk as
"Added Exhibit "3" to the 9th Circuit filed Challenge; and is now in the hands
of NARA s "Special Access" Division.

5. T.I. was recently forced to send a NOTICE OF VOID ORDER to the (alleged)
Clerk of the U.S. Supreme Court (& others) as T.I.'s Issues REQUIRE Certiorari
pursuant to Fairbank v. United StatPs, 181 US 283, 285-286 (1901), citing:
Marbuty v. Madison, 1 Cranch 137, 177 (1801), for the very same reasons sUted
in those (2) Cases! (attached hereto as Exhibit "F"), which brings us to the
present.

II.

STATE OF HAWAI'i's LACK OF STANDING TO CHALLENGE
RESPONDENT TRUMP's EXECUTIVE ORDER.

1. It Is not disputed that the Treaty of Annexation of the Republic of Hawai'l
FAILED. (U.S. Constitution, Art. II, Cl. 2, §2).

2. It is also undisputed that where a Constitutional Provision exists applicable
to the issue, NO alleged Act of Congress may circumvent its application.
(Fairbank, supra, at 285-286).

3. Since U.S. Constitution Art. II, Cl. 2, §2 exists (was available in 1898 on

ward also!), there is absolutely NO AUTHORITY for the President & Congress to
entertain an Act of Congress (Joint Resolution of 1897 - "Newland's Resolution")
to replace or circumvent the Constitutional Provision.

4. Further, as shown by T.I.'s Documented Evidence (to which Judicial Notice
was supposed to have been taken!), even if the J.R. were authorized, it would

We been required to have a "simple majority" (51%) of the Senator(s) present
(le: 45 of the 88 present) to "Pass." Since only 42 of the 88 present Voted:
AYE, the J.R. also FAILED! and its "declared" passing IS A FEIAUD!
III.

STANDING OF TERTIUS INTERVjEWIENS

1. T.I. is being harmed by the proven VOID Judgment. That VOID Judgment is an

issue (Ground SEVEN) in T.I.'s Habeas Corpus/Certoirari and also his Challenge
o the Constitutionality of Statute/Acts (Exhibit "C") which is required to be

resolved by the U.S. Supreme Court. (Fairbank. supra.).

2. ^T.I, has relevant documented evidence pertaining to the alleged "Standing"
of Cl Po.i.i.y to this action which touches upon Jurisdiction, to which this Court
IS required to take Judicial Notice.

NOT. Lack of Standing
®

Page 3 of 4

IV.

TERTIUS INTERVENIENS CLAIMS/ISSUES ARE REQUIRED TO BE
RESOLVED BEFORE IHE INSTANT CASE CAN MOVE FORWARD.

1. Given the unresolved status of T.I.'s Challenge to the Constitutionality of
using an unauthorized Joint Resolution of 1897 (WHICH ALSO FAILED!) to validate

a Failed Treaty, the requirement of "Standing" by the (alleged) STATE OF HAWAII
to Challenge to President's Executive Order is in question.
2. Until the U.S. Supratie Court GRAJTTS (the required) Certiorari in T.I.'s

Case (16-5987) and resolves the issues bearing on the Constitutional validity
of the Annexation of tlawai'i;
this Honorable Court, after re\n.evn.ng and
taking Judicial Notice of T.I.'s documented Evidence, ISSUES its own ORDER,
VOIDING the above-cited 1984 convictions (as UI.TRA VIRES) - thereby making I'OOT

T.I.'s Standing in this instant action; the STATE OF HAWAII is without "Standing"
to bring the instant Qiallenge to the President's Executive Order; and must be
DISMISSED.

3>J

/y

Respectfully Submitted,

Eric Richard; eleson®, Secured Party,
Tertius Inteiyeniens!
Rep,, ex rel.,

ERIC RICHARD ELESON®, Trust (J-59564),
Exemption No. 559828464 {juris et dejure)
Holder-In-Due-Course, Record Owner
Trade Name Owner, Sovereign American
BondNo. C-52971371

NOT. Eack of Standing

Page 4 of 4