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, )

I
Eric Richard; eleson'® Secured Party
In Care Of: MULE CREEK STATE PRISON

Fac. C-II-2IOL0W [J-59564]

R E C E 1 V Fi D
M0L1.Y c. r)vvvT:fi, cirtiK

U.S.P.S. Box 409060

11.? 'OOUilT OF APin"Al.R

lone, California

Near [PZ: 95640-9060] N. America
Authorized Representative for and via,

ERIC RICHARD ELESON^, Trust (J-59564)

SEP 3 0 2ai5
FILED,,
DOCKETED,
DATE

INITIAL

UNITED STATES COURT^OF APPEALS
---

FQRrTFETtrNTircr^urr

Eric Richard; eieson®. Secured Party,

Tertius lnterveniens/Auth. Rep, ex re!,,
ERIC RICHARD ELESON®, J-59564, Trust,
(a legal fiction).

Case No.

L'T'ILL

LOWER COURT #1:15-CV-00008-LJO-SAB(HQ
SUPREME COURT #S-216294

Petitioner,

PETITIONER'S SECDND (2nd) DEMAND FOR

vs.

JOE A. LIZARRAGA Warden,

^

LOWER COURT #CRW-42088;
^ JUDICIAL NOTICE; CONSTITUTICNAL CHALLENGE
•

EDMUND G. "JERRY" BROTO,JR.,
GO\^RNOR - STATE OF CALIFORMA,
Respondents.

PURSUANT TO FEDERAL RULES OF EVIDENCE,
RULE 201 and FRCvP Rule 5.1(b)/28 USC

§2403 FOR "FAILED" TREATY OF ANNEXATION &
FRAUDULENT JOINT RESOLUTION OF Igf?.',ESTABLISHING "STATE OF HAWAII DOES NOT
LEGALLY EXIST; EXHIBITS "1" & "2";
•CHtTIFICATE OF SERVICE BY MAIL

OFFICIALNOTICBREQUESTEf)(Stat. 1945, Ch 867 pg 1633 SU
JUDICIAL NOTICE REQUIRED (Stats. 1965, Ch. 299, §2)
. FEDERy^ RULES. of(EVIDENCE ^ RULE" 201

'

COMES NOW, Eric Richard: eleson®, Secured Party, Tertius Interveniens/
Authorized Representative for Petitioner, ERIC RICHARD ELESON®, J-59564,
Trust, and submits his SECOND (2nd) DEMAND FOR JUDICIAL NOTICE, and CHALLENGE
TO THE CONSTITUTIONALITY OF STATUTES/ACTS, pursuant to Federal Rules of

Evidence, Rule 201, and FRCvP Rule 5.1/28 USC §2403, of the following:
1. Article II, §2,, C1.2 of the Constitution for the United States of
America.
2.

The Non-Ratified TREATY OF ANNEXATION (of the Kingdom/Nation of Hawai'i)
of 1897 (Article II, §2, Cl.#. *2 US Const.) establishing (Alleged) ^TATE OF
HAMATT is NOT a STATE OF WTTFT) STATF^, due to thp fact that th^ allpg^d
TREATY OP ANNEXATION of 1897 WAS NOT Ratified by 2/3's of the Senators
present, and therefore FAILED (See: Exhibit "1").

B.57A(2}(a) 2""^ Judicial Notice for Habeas Corpus to Federal Court

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3.

The (alleged) JOINT RESOLUTION (July 1897) allegedly passed by the U.S.
Congress "in violation of ^^rt. II, §2, CO.. 2 of the U.S. Constitution),

allegedly adopting the TREZ^TY OP ;^NNFX;^TION, annexing the Kingdom/Nation
of Hawai'i, IS A FRAUD!

Petitioner states that the alleged (illegal) conviction from "STATE OF
f'AWAII" in

which v;as used by the alleged COUfiTY OF TUOLUNNR DISTRICT

ATTORNEY to fit Petitioner's alleged Case into the "criteris" for alleged
3-Strikes Sentencing status (Stats 1994, Ch. 12, §1) in violation of the
Constitutional prohibition of passisng Ex-Post Facto Laws (Art. IV, -^lO - CA

Const.), is now proven to be ULTRA VIRES, as said alleged conviction is NOT
from another "State," but from another "Nation."

The alleged Stats. 1994, Ch.

12, §1, DOES NOT contemplate, nor claim authority/jurisdiction to "Legislate"
regarding alleged crimes taking place in another Nation/Country.
This "new Evidence" of which this Court has a Duty to Judicially Notice,
establishes that STATE OF HAWAII is a "LFGAL NULLITY," as the "occupied"
KINGDO.I'' OF HAWAI'I was NOT, in fact, legally Annexed by the WITFD STATES to

become a Territory which could "evolve/be voted" into a STATE of the WION,
and be included in the "terms" of the alleged Stats. 1994, Ch. 12, ^1!
CONSTITUTIONAL CHALLENGE

Petitioner

challenges

the

Constitutionality

of

the

alleged

"JOINT

RESOLUTION (July 1P97) "To Adopt the Treaty of Annexation" (of the Kingdom of
Hawai'i). (See Exhibit "2").
In

question

form:

"Does

the

Congress

of

tiNITED

STATES

have

the

Cosntitutional authority to create and allegedly pass a "JOINT RESOLUTION" to
adopt a

"Treaty

of

Annexation"

in

violation

Constitutional provision (Art. II, §2/

of

the

EXPRF.s.g terms of a

Cl. 2) that would Constitutionally

empower the Ul'^^ITED STATES to acquire another sovereign Country?"

The answer to this question must be a resounding NO!

This alleged JOINT

RESOLUTION v;as nothing more than an illegal and unconstitutional attempt to
meet the numerical requirements of the aforesaid Constitutional provision of

"..27'3of the Senators present, concurring."

A. look at the record Vote on the

J.R. which is purported to be passed is: 42 ayes, and 21 noes in the Senate

(an exact 2/?rd's); and 209 ayes and 91 noes in the House (more than 2/3rd's).

However, upon closer review, the number of Senators actually "present" was 8^.

Therefore, it is evident that those Senators present and NOT voting were not
counted (for the 2/3 ratio). This also proves that the 42 ayes was NOT even a

"simple majority," and the FRAUD of the J.R. should have been recorded as
"FAILED," just like the Treaty!

B.57A(2)(a) 2^ judicial No.tice for Habeas Corpus to Federal Court

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Either way< this newly discovered Fvidence VOIDS the "USE" of the alleged
conviction (from Hav/aii) and confirms .<the Petitioner's Claim as stated in
Ground SEVEN of the Petition (supported by Exhibit "13^") and further
establishes that Petitioner was/is/

ipso facto, allegedly "subject to the

alleged '2-Strike' criteria," and Petitioner was Fraudulently DENIED Due
Process, ab initio, at Trial when he provided the Evidence of "NO GOVERNOR of
STATE OF HAWAII."

In question form: Can the STATE OF CALIFORNIA/COUlJTy OF

(TUOLUMNE)

use an alleged conviction from another Country/Nation as a "prior Strike
conviction" to place petitioner into the alleged criteria of Stats. 199Z, Ch.

12, §1?

this Court must answer NO!

,122^

Dated this ^^7Day of

^

,

Respectfully submitted,
2015, c.e.

^1
/

7

Eric Richard; eleson®, Secured Party,
Tertius Inlerveniens!KmHsx. Rep., ex rel.,
ERIC RICHARD ELESON®,Trust(J-59564), s
Exemption No. 559828464 {juris et dejure)
Holder-In-Due-Course, Record Owner

Trade Name Owner, Sovereign American
BondNo.C-52971371

B.57A(2)(a) 2"^ Judicial Notice for Habeas Corpus to Federal Court

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TREAr/ OE Ac^.NJE5CAriOM OE RE£>UBLIC OE ilAHAI'I 5 /OPE

TREATY OF ANNEXATION BETWEEN THE REPUBLIC OF HAWAII AND THE UNITED
STATES OF AMERICA

The Republic of Hawaii and the United States of America, in view of the natural dependence of the
Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant
share acquired by the United States and its citizens in the industries and trade of said islands, and of the
expressed desire of the Government of the Republic of Hawaii that those islands should be incoiporated
into the United States as an integral part thereof, and under its sovereignty, have determined to
accomplish by treaty an object so important to their mutual and permanent welfare.

To this end the high contracting parties have conferred full powers and authority upon their respectively
appointed plenipotentiaries, to wit:
I'he President of the Republic of Hawaii, Francis March Hatch, Loirin A. Thurston, and William A.
Kinney.

The President of the United States, John Sherman, Secretary of State ofthe United States.
ARTICLE I.

The Republic of Hawaii hereby cedes absolutely and without reseiwe to the United States of America all
rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it
is agreed that all the teiritory of and appertaining to the Republic of Hawaii is hereby annexed to the
United States of America under the name of the Territory of Hawaii.
ARTICLE II.

The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and

ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, military
equipments, and all other public propeity of eveiy kind and description belonging to the Government of
the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.
The existing laws ofthe United States relative to public lands shall not apply to such lands in the
Hawaiian Islands; but the Congi'ess of the United States shall enact special laws for their management and
disposition. Provided, that all revenue from or proceeds ofthe same, except as regards such part thereof as
may be used or occupied for the civil, military, or naval purposes ofthe United States, or may be assigned
for the use of the local government, shall be used solely for the benefit of the inhabitants ofthe Hawaiian
Islands for educational and other public purposes.
ARTICLE III.

Until Congress shall provide for the government of such islands, all civil,judicial, and military powers
exercised by the officers of the existing government in said islands shall be vested in such person or
persons and shall be exercised in such manner as the President of the United States shall direct; and the
President shall have power to remove said officers and fill the vacancies so occasioned.

Treaty of Acinexation

Page 1 of 3

The existing treaties ofthe Hawaiian Islands with foreign nations shall forthwith cease and determine,
being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States
and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the

fulfillment of the treaty (treaties) so extinguished , and not inconsistent with this treaty, nor contrary to
the Constitution of the United States, nor to any existing treaty ofthe United States, shall remain in force
until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the
Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other
countries shall remain unchanged.
ARTICLE IV.

The public debt ofthe Republic of Hawaii, lawfully existing at the date of the exchange ofthe
ratifications ofthis treaty, including the amounts due to depositors in the Hawaiian Postal Savings Bank,
IS hereby assumea oy tne uovemment otthe United States; but the liability ot the United States in tins
regard shall in no case exceed $4,000,000. So long, however, as the existing government and the present
commercial relations ofthe Hawaiian Islands are continued as hereinbefore provided, said Government
shall continue to pay the interest on said debt.
ARTICLE V.

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions
as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of
anything here contained shall be allowed to enter the United States from Hawaiian Islands.
ARTICLE VI.

The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian

Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning
the Territory of Hawaii as they shall deem necessaiy or proper.
ARTICLE VII.

This treaty shall be ratified by the President ofthe Republic of Hawaii, by and with the advice and
consent ofthe Senate, in accordance with the Constitution of the said Republic, on the one part; and by
the President of the United States, by and with the advice and consent of the Senate, on the other, and the
ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereofthe respective plenipotentiaries have signed the above articles, and have hereunto
affixed their seals.

Done in duplicate at the city of Washington this sixteenth day of June, one thousand eight hundred and
ninety seven.
"[SEAL](Sig.) FRANCIS MARCH HATCH.
"[SEAL](Sig.) LORRIN A. THURSTON.
"[SEAL](Sig.) WILLIAM A. KINNEY.
-"LSEAL].(Sig.)JOHN SlffiRMAN^'

Treaty of Aoiiexation
Page 2 of 3

/■ ■vt'lLLIAM C. WILDER, President.
' Attest:

L F. CLAY,
Clerk of the Senate.

/S/William McKinley
Pres. of tJie SELxtATE

PRESIDEM' OF THEQNITED STATES

TREATY OF ANNEKATION OF liAWAI'I

OFFICIAL SENATE /OTE *'

52

AYES

28

NOES

9

abstentions
Total Senators present

89

^

_X

89

= 1 GO
58.427

89)5200.000
445
750
712

This equals to 58.5% of the
Senators present. The
TREATY FAILS.

380
356

2.40"
178
620
623

*Tliis Official Vote can ):e found at:

-

— hj»tp^/-/wvw-. qovtrack. us/oongress/votes/

Treaty of Annexation

JOINT RESOLUTION OF THE U.S. SENATE AND U.S. HOUSE OF REPRESENTATIVES, SIGNED
BY PRESIDENT MCKINLEY,TO ACCEPT THE TREATY OF ANNEXATION OFFERED BY THE

REPUBLIC OF HAWAII(also known as the "Newlands Resolution" named after the Congressman who
introduced it)

Whereas the Govemment ofthe Republic of Hawaii having, in due form, signified its consent, in the
manner provided by its constitution to cede absolutely and without reserve to whatsoever kind in and over
the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the

absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports,
harbors, military equipment, and all other public property of the Hawaiian Islands, together with every
right and appurtenance thereunto appertaining: Therefore

^

^

Resolved by the Senate and House of Representatives of the United States of America in Congress
-assembJed,

-

That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their

dependencies be, and they are hereby, annexed as a part ofthe tendtory ofthe United States and are
subject to the sovereign dominion thereof, and that all and singular the propeity and rights hereinbefore
mentioned are vested in the United States of America.

The existing laws ofthe United States relative to public lands shall not apply to such lands in the
Hawaiian Islands; but the Congress ofthe United States shall enact special laws for their management and
disposition; Provided, That all revenue from or proceeds ofthe same, except as regards such part thereof
as may be used or occupied for the civil, military, or naval purposes of the United States, or may be
assigned for the use ofthe local government, shall be used solely for the benefit of the inhabitants of the
Hawaiian Islands for educational and other public purposes.

Until Congress shall provide for the govemment of such islands all civil,judcial and military powers
exercised by the officers of the existing government in said islands shall be vested in such person or
persons and shall be exercised in such manner as the President ofthe United States shall direct; and the
President shall have the power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and detennine,
being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States
and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the
fulfillment ofthe treaties so extinguished, and not inconsistent with this joint resolution nor contrary to
the Constitution ofthe United States nor to any existing treaty ofthe United States, shall remain in force
until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the
Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other
countries shall remain unchanged.

The public debt ofthe Republic of Hawaii, lawfully existing at the date of passage of this joint resolution,
micluJui^ Llic aiiiuunU Jug lu deposilui's innfteidawaTian-"Po5tai Savings Bank, is lieieby assumed by the

Government ofthe United States; but the liability ofthe United States in this regard shall in no case

exceed four million dollars. So long, however, as the existing government and the present commercial
-,_i§.atlfinpfthe.HawauanJsJands-arexon.tmued.as-her6inbef0r-e provided said govemment shall continue - s
to pay the interest on said debt.

Aiie^ed JOjyr RESOLUriO.:^ St /oDa

1 of 2

V

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions
as are now or many hereafter be allowed by the laws of the United States; no Chinese, by reason of
anjdhing herein contained, shall be allowed to enter the United States from the Hawaiian Islands.
The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian

Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning
the Hawaiian Islands as they shall deem necessary or proper.
SEC. 2. That the commissioners hereinbefore provided for shall be appointed by the President, by and
with the advice and consent of the Senate.

SEC. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessaiy, is hereby
appropriated, out of any money in the Treasuiy not otherwise appropriated, and to be immediately
available, to be expended at the discretion of the President of the United States of America, for the
Jurpose-ofcarryiflg-tWs^«int-Fes€rlnti0n4nt0-e-ffe6t7—
SERENO E. PAYNE,

Speaker ofthe House of Representatives Pro Tempore.

Approved, July 7th. 1898.

GARRET A. HOBART,
Vice-President of the United States and President of the Senate.

WILLIAM McKIR-EY

MS (ALLEGED) JOINT RESOLUTION ADOPTING

THE TRSATif 0? ANNEXATION OP REPU3LIC OP HAUAI'I
Ox^PICIAL SENATE 70TE 'i=

42

A'fES

21

NOES

21

Abstentions

88

Senators present

42

100

-AZJ211

88)4200.00
352
680
616
640

616
240
176

= 48?!!

This /ote does not equal even
a simple Majority, let alone

a 2/3rd of those present!
ONLf by NOT counting the

Abstentions does it appear
to be a .2/3rd /ote!

640.

—'L-T-his- j/.obe-can-be—found- a-fe:—

THIS IS FRAUDi

http://www.govtrack.us/congress/votes/55-2/s329
.pay© 2 of 2

CERTIFICATE OF SERVICE BY MAIL

I, the undersigned, hereby declare that the I am over the age of 18 years, and I am a party to

the foregoing cause ofaction, and that on this miday of

20.15,.c.e., I

placed the below-titled legal documents in the U.S. Mail postage prepaid.

2nd DEMAFID FOR JUDICIAL NOTICE OF JiRTICLE II/ §2/ Cl- 2 of the
CONSTITUTION FOR THE UNIT]® STATES OF AMERICA

"FAILED" TREATY OF ANNEXATION (of Kinqdoin of Hawai'i) ^

'

FRCvP^-RtfLe 5a(b)728.DSC §2403
CC»ISTITDTIONAL CHALLENGE

FRAUDULENT "JOINT RESOLUTION" of 1897 (allegedly) Adopting Treaty

-v^ch were addroaood to the below named persons:
B^NJAMIM B. WAGNER

1. CLERK OF COURT

district court ofthe United States

U.S. ATTORNEY'S OFFICE

2500 TULARE STREET

SOT"I" STREET,RM10-100
SACRAMENTO,CA 95814

FRESNO,CA 93721
2. KAMALA HARRIS

5. LGRETTA LYNCH

ATTORNEY GENERAL

U.S. ATTORNEY GENERAL

STATE OF CALIFORNIA
1300 "I" STREET

950 PENNSYLVANIA AVEt'JUE NlrJ
WASHINGTON/ D.C. 20530

SACRAMENTO,CA 95814
6

3. Cassie Hulali Eleson

Clerk of Court

9"' Circuit Court of Appeal

13787 SWFafmington Rd., #130
Beaverton, Oregon 97005

95 Seventh St.

San Francisco, CA 94103-1526

I, Eric Richard, surnamed eleson®, hereby declare under pain and penalty of"thou shalt not bear
false witness"(Exodus 20.T6), and the laws ofthe united States of America and the Original
Organic Jurisdiction of California Republic,.tFat'the foregoing is true, correct and completer, so

help me GOD.

^

^

^'j

-

&

'Declarant

(i>)

B.57A(2)Judicial Notice for Habeas Corpus to Federal Court

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