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, )

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Eric Richard; eieson®,Secured Party
In Care Of: MULE CREEK-II'STATE PRISON
Fac. D-16-A-I03-3Low [J~595641
U.S.P.S. Box 4090:89:
lone, California

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

ERIC RICHARD ELESON®,Trust(J-59564)
Certified Mail No

HeCEIVg
October term 2016/2017

Brie Richard; eieson®, Secured Party,
Authorized Representative/Temw^
Interveniens, ex rel.

ERIC RICHARD ELESON®,Trust, 1-59564
PETITIONER,

Case No.

y-ERK

I'6-5981

ADDED EXHIBIT #3 TO THE CHALLENGE
TO CONSTITllTXONALXTY OF JOINT

REfSOLtfTTON OF 1897 TO ADOPT (FAILED)
TREATY OF ANNEXATION OF REPUBLIC OF
HAm'I [filed 9/30/15 in 15-166971

[F.O.I.A.'s to ATTORNEY GENERAL,
LIBRARY OF CONGRE.B.S, JOHN KERRY SECRETARY OF .STATE, NATIONAL ARCHIVES

vs.

& RECORDS ADMINISTRATION).

JOE A. LIZARRAGA, Warden

CERTIFICATE OF SERVICE BY MAIL

RESPONDENTS.
JUDICIAL NOTICE REQUIRED

COMES NOW, Eric Richard; eleaon®, Tertiu.? Interveniens/Authorized Rcprescn-

tativa for Petitioner, and submitFhis "Added Exhibit #3 to the Challenge to the
Constitutionality of .loint Resolution of 1897 to Adopt (Failed) Treaty of Annex

ation of Republic of Hawai'i. filed on 9/30/2015 in 9th Circuit Case No, 15-16697.
to wi t;

1. Petitioner has bean diligently sending F.O.T.A, RGciuGst.s (att.9.ch«d as Exhibit
••3 to above Challenge.) to tlie following;

a) the U.S. ATTORNEY GENERAL (w/Non-Reaponsa);

b) the LIBRARY OF CONGRES.S, (w/Mr. John Nave's Non-Refiponsa);
a) the CUAIR?!AN, COMM. on RULES & ADMIN, of .SENATE, (No Reaponao);

, d.) the SECRETARY OF .STATE, JIOHN KERRY, (w/No Raspon.se);
Added Exhibit to Cballange

Page 1 of 2

\

e) the NATIO^TAL AnCHIVES S RECORDS ADMIN, (w/Response)
Petitioner feels that th^s Court should be made aware of the lenpths that

the"Governmen.t" goes to protect and maintain an exposoKt FRAUD, of which this
Court is Duty Bound to take Judicial Notiae in this instant Cfise, as Petitioner
identified it and the Governor's lack of a signed Oath of Office making the use

of the alleged Criminal Conviction in 19D/-I NUUL A VOID, aa well as the alleged
''current conviction" for S-Strikes!

Petitioner hag been unable to find, and thhee is NO docup:ient authorizing,
or process promulgated, that would allow the negation of a Constitutional Pro

vision (Art. IT, Cl. 2, §?.), or allow the frauddlent use of a "Joint Pvesolution"
to accomplish through the "Back-Door;" what was denied entrance through the
"Front-Door." As stated on pg. 5 of U of Petition, 2 Maxims of Lawgftate; I)
"Wiers form is not observed, a nullity of the act is inferred or follows." 52
Coke 7; A 2) "Tfliere the law prescribes a form, the non-observance of it is fatal
to the proceeding, and the whole becomes a nullity." Best. Evidence Intro §59.
Here, NO valid document/procedure exists to use a Joint Resolution to NEGATE a

Constitutional Provi.sion; and even if so, law exists that requires a 51% (simple
majority) of Senators present to pass the act. The Vote presented/recorded

admifts and proves the Joint Resolution FAILED in the Senate, as 42/88 is NOT a
"simple majority."
Based upon all of the above and the district court's & 9th Circuit's NEGATION

of FRCvP Rule 5.1/28 USC §2403, this Petitioner has proven this FRAUD and other
Frauds (presumed Jurisdiction) which establishes the alleged Trial/Conviction is
NULL & VOID, and this Petition should be GRANTED.

^

Respectfully sxibmitted,

C:' f/1. /7 //
Eric Richard; eieson©. Secured Party,
Tertius interveniens/Auth. Rep., ex rel

ERIC RICHARD ELESON© , Trust(J-59564)
Exemption No. 559828464 Gurls et de jure)
Holder-ln-Due-Course, Record Owner

Trade Name Owner, Sovereign American
BondNo. C-62971371

Added Exhxbit to Challenge

Page 2 of 2

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exhibit

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Eric Richard; eleson©;Secured Party
In Care Of; MULE CREEK STATE PRISON

Fac. C-ir-2101ow [J-59564]
U.S.P.S. Box 409060

lone, California

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

ERIC RICHARD ELESON©,Trust(J-59564)
December 9th/ 2015/ o.e.

P'O.I.A. ElEQUEST

MS. LORETTA LYNCH
U.S. ATTORNEY GENERAL
^50 PENNSYLVANIA AVENUE/ N.W.
WASHINGTON/ D.C.

5 USO §552/ FOR THE
PRODUCTION OP DOCUMENTS

20530

RE. Challenge to Constitutionality of Joint Resolution of 1897 in 15-16697.
DEAR MS. LYNCH:

to S.ptemtec 27th, 2015, c.e., I sent you a oibpy of a challenae to the
tonstxtutlonality of the alleged Joint Resplution to Adoot the Tteatv of
Annexation of the Republic of Hawai'i. To date/ NO Resoonse has h^pn
orthcoming. Therefore/ necessitating this F.O.I.a. Request/ to wit:
S" Ufficxal Listduring theof allof the allegedHouse of Representatives
Members present of Names Vote Senators and Joint Resolution of ifiQ?

to Adopt tha Treaty of Annexation of the Republic St Srf

2.

Votes: AYE, NAY, or NOT VOTING, by Each Member
present of the Voting for the above-said Joint Resolution.

3.

provision
States, andstated in Article II «2 n 5
utilixe^g^^SjJSuS^J

4.

bypass the Constitutional

A

s'tatea af''any)?T?hrc£ne::^e1r!'h'''o

Joint Resolution of 1897 to Adopt the Treatv^'^f^T^"'^^^^^
Republic of Hawai'i.

alleged
°« the

■to. If NO such Response existe. Please so state in your written response.
Requestor requests the fees for searching the Records add copyinq the same

in hiTpetUion f:r\" «J^^„"\Ktture"? HlSas'c^rpus"
Sincerely

IVashiftgtoii, D.C 20530

December 28,2015
Eric Richard Eleson

Reg. No. J59564
Mule Creek State Prison

P.O. Box 409060

Ione,CA 95640
Dear Mr. Eleson:

This is ill response to your request for records, Tracking Number, MRUF01A8-95. Your

Freedom of Information Act and/or Privacy Act(FOIA/PA) request was received by this olfice
which serves as the receipt and referral unit for FOIA/PA requests addressed to the Department

of Justice(DOJ). Federal agencies are required to respond to a FOIA request within 20 business
days. This period does not begin until the request is actually received by the component within
the DOJ that maintains the records sought, or ten business days after the request is received in
this office, whichever is earlier.

We have referred your request to the DOJ component(s) you have designated or, based on

descriptive information you have provided, to the coniponent(s) most likely to have the records.
All future inquiries concerning the status of your request should be addressed to the office(s)
listed below;
FOIA/PA

Office of Information Policy
1425 New York Avenue, N.W.

Washington, DC 20530-0001

(202)514-FOIA
Sincerely,
Evie Sassok, Assistant Director

Logistics Management
Facilities and Administrative Services Staff
Justice Management Division

U.S. Department of Justice
Office ofInformation Policy
Suite 11050

1425 New York Avenue, NW

Washington, DC 20520-0001

Telephone:[phone]

January 27,2016
Mr. Eric Richard Eleson
No. J-59564
Mule Creek State Prison
POB 409060

lone.CA 95460-9060

Re:

OIP/16-01380

VRB:VAV:CJOK

Dear Mr. Eleson:

We have received your letter requesting information regarding the Joint Resolution to
Adopt the Treaty of the Annexation of the Republic of Hawaii ("Joint Resolution") including a
list of names of all House members present during vote, the official tally of the votes, and a
copy of the document authorizing the President and the legislature to bypass Constitutional
procedure in adopting the Joint Resolution. Because your request was not specifically
addressed to this Office, your letter was initially sent to the FOIA/PA Mail Referral Unit,
Justice Management Division, for appropriate routing and was received by this Office on
January 12, 2016. The Justice Management Division tracking number associated with this
request is MRUFOIA8-95. This response is made on behalf of the Office of Information
Policy.
Your request has been directed to the Office of Information Policy(OIP) of the United
States Department of Justice, which processes Freedom of Information Act(FOIA)and

Privacy Act(PA)requests for records it maintains as well as records maintained by the Offices
of the Attorney General, Deputy Attorney General, Associate Attorney General, Public Affairs,
Legislative Affairs, and Legal Policy. OIP also adjudicates administrative appeals of denials
of FOIA/PA requests made to the Department. This Office maintains the case files for the
initial requests and administrative appeals it processes.
Please be advised that the FOIA provides a right of access to federal agency records
that exist and can be located in federal agency files. The FOIA does not require agencies to
conduct research for you, to analyze data, to answer questions, or to create new records in
response to a FOIA request. Moreover, the FOIA does not apply to records that are maintained

by states, counties, or cities, or by the legislative or judicial branches of the government.
To the extent that you are seeking records from another component of the Department
of Justice, please be advised that the Department has a decentralized system for processing
FOIA requests and each component maintains and handles FOIA requests for its own records.
Accordingly, you need to direct your letter to the Department component(s) you believe have
records pertaining to the subject of your request. Additional information regarding the
Department's administration ofthe FOIA, including a listing of Department of Justice

-2-

components, the types of records each maintains, and their FOIA contact information, is
available at www.iustice.gov/oiD/foia-request.html.

To be of assistance, I have enclosed a copy of the Department ofJustice Freedom of
Information Act Reference Guide {Reference Guide), which provides guidance for making
FOIA/PA requests to the Department of Justice. The Reference Guide, located on the
Department website at www.iustice.gov/oip/04 3.html. also contains a listing of the
Department of Justice components, with a brief description of their functions and the records
they maintain, as well as the addresses of their FOIA offices.
For your information, the FOIA operation of the federal government is decentralized

and each federal agency maintains and processes FOIA requests for its own records.
Accordingly, you will need to direct your request to the federal agency or agencies you believe
have records pertaining to the subject of your request. Additional information regarding all
agencies' administration of the FOIA, including their contact information and online request
forms, if applicable, is available at www.F01A.gov. To the extent that you are seeking legal
assistance regarding the Joint Resolution, I can only suggest that you contact the Library of
Congress at:
Chief,

Office Systems Services (OSS),
Library of Congress,
101 Independence Avenue, S.E.,
Washington, DC 20540-9440.

If you are not satisfied with my response to this request, you may administratively
appeal by writing to the Director, Office of Information Policy, United States Department of
Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may
submit an appeal through this Office's eFOIA portal at www.iustice.gov/olp/efoia-portal.html.
Please note that OIP is in the process of transitioning from its current eFOIA portal to the
portal on FOIAonline. Please visit the link above for instructions for submitting an appeal
electronically. Your appeal must be postmarked or electronically transmitted within 60 days of

the date of my response to your request. If you submit your appeal by mail, both the letter and
the envelope should be clearly marked Freedom of Information Act Appeal.
Sincerely,

Vanessa R. Brinkmann

Senior Counsel

Enclosure

/-s

V

THE LIBRARY OF CONGRESS - .
101 INDEI'ENDENCE AVENUE, S.E.
WASMNGTON,D.C. 20540-9440

LIBRARYOP
CONGIUiSS

OFFICE SYSTEMS SERVICES

March 11, 2016

Dear Eric Richard Eieson,

•This is in response to your letter dated February 7, 20 i 6 in wlrich you requested
information. The Library of Congress, an agency in (he Legislative Branch of the Federal

Government, is not subject to the FOIA (5 U.S.C. §552), Nevertheless, the Library provides the
tuilest possible disclosure of its records under the policy on Availability of Library of Congress
Records, 36 C.F.R Section 703.

You requested the following information:

• Official list of names of all Senators and House members present during the Vote of the
alleged Joint Resolution of 1897 to Adopt the Treaty of Annexation of the Republic of
Hawai'i;

• Official tally of the votes: AYE, NAY, or NOT VOTING, by each member present of the
voting for the above-said joint resolution;

• A copy of the document authorizing the President, and the Full Legislature Congi'ess =
Senators < House of Representatives to bypass the Constitutional provision stated in Alicle
II, $2, Cl. 2 of the Constitution of the United States, and to utilize a Joint Resolution as an

"alternative avenue" to the acquisition of and the annexation of the Republic of Hawai'i.
The information you requested does not meet the criteria for a Librai7 record because if the

Library has this information it would be considered part of the collections. We suggest you
contact your institution's library for assistance in conducting your reference request.
Sincerely,

JjSfim A. Nave
Cliief, Office Systems Services
Records Officer

The Library of Congress
Eric Richard Elesou

Mule Creek State Prison

Fac. C-11-210 low [J-59S64]
P.O. Box 409060

lone, CA 95640

Eric Richard; eleson® Secured Paity
In Care Of: MULE CREEK STATE PRISON

Fac. C-11-210 Low [J-59564]
U.S.P.S. Box 409060
lone, California

Near [PZ: 95640-9060] N. America
^5arch 24th/ 2016/ c.g.

CHAIRMAN/ COMMITTEE ON RULES AND
ADMINISTRATION OF THE SENATE
HART SENATE OFFICE BUILDING
WASHINGTON/ D.C. 20510

RE Senators present in 1097 Vote for Joint Resolution to Adopt Treatv that
allegedly annexed the Republic of Hawai'i
Dear Mr. Chairman:

I have been endeavoring to obtain the Official List of names of Senators that
<3uring the above-cited Vote/ and the YEAS & NAYS & ABSTENSIONS

As you can see by the attached Letter from Mr. Nave of the Library of Congresme obtain the information I amInformation is Sacrosanct,direct mecannot helo
requested seeking/ will you please if you to where '
e obtairi-h
w-bH^2
f available? Does the U.S. SENATE have an "Archive-

out: so fcL utUi!L ?t? ^

information and download/print-

superior Court/ 265 Cal. App. 2d

67 P 2d 838 L? "

citing.: STATE v. McGRATlL 490 Mont. 490/

ranches, ano citing C.J.S./ 1
Recoros §35/ Executive/ Legislative, and Judicial
p. 133, 45
juc., do426-427
sLnchL " anfcitin^'p

yor^^Si^r

grback^L 1926^

'"Congress" is not subject to the F.O.I.A./ so'l aopeai to

^"scords only

obtaining a copy of the List
Senators present during the Vote on the "Nswlands Resolution," of I was only
as names o^ the

aoie to get a few numbers at http://w/w.govtrack.us/Congress/votG/55-2/s329,
and I need the "Official" Vote Tally of Each Senator.
/^cce/ao ^/s32..
Very Sincerely Yours,

A /
Eric Kichard'j eleson®. Secured Party
cc: File

Eric Richard; eieson®, Secured Party

In Care Of: MULE CREEK-II STATE PRISON

n^o'r.
Cow
U.S.P.S. Box 409089
lone, California

[j-595641

^

Near [PZ, 95640-9089] N. America
•July 26th, 2016, c.e.
(remailed: 9/12/16)

E.O.I.A. Request

«■ ®«CES

(remaned. 11/27/2016 to.
JOHN KERRY
SECRETARY (W

uSctaTOS
2201 - "C" STREET,

A/Oib/iPS/RL
^^EPARTMENT OF STATE, SA-2

N.W.

WASHINGTON, D.C. 20522-8i(W

WASHINGTON, D.C. 20530

of

Annexation

MR. KERRY:

thf
the

including documents rLwding
list of names of Senators oresenf

rn the Office of Secretary of

bv''the^/°'''™®?''p i^egarding the
tLwOffiSai
Z
f
Senate;

prt^ed br^hetl.

Selnf'^^ka'^L
^'-1^ 2. d. 2, §2.
Congress to "pass" a Treaty. ' ^^°wing the President to utilize the wholeof
necessary funds. Ihank^you?

please inform me, and I will submit the
Respectfully submitted.
•

.

Vi

••'?

X.,/' ' tX
^^icahrd; eieson^, Secured Party ^

oc: File

IScic Richard; eleaon©, Scctirecl Party
in Care Of:: MT7T.,R CI^RtCK-IT r/CATF: PR-TSOM
Pac. P-lfi-A--1.03-3LoM
(J-Sa56Al
n.s.w.s. Box Aooono
Tone, Cnliffoniia

Near PZ; 05660-9080] m. America

Authorized Represoatatlve for ft via
KPTC RICHARD FLESON®, Tniat, J~50566
October Uth, ?.0l6, c.e.

MATTOMAL ARCOTVKS & RECORDS ADMINTSTRATTON
A601. ADELPHI ROAD
COLLEGE PARK, MD 20760
(R60) 272-6272

ATTN: Gov't. .T.nformation Services

F.O.I.A.

to Secrot.ry of stata, jo„„ K,tty („et«ch«0

Psnr Sir/Madam:

?r

?'7th, 2106, C.0V, and again on September l?th roia /- />

receipt of the

^

SHuS e^™L"lciL':fT"™ "7^"'

supreme coutt 1„ Ceoe »„. lA-

™e.«r'bn^e"«"it«; le Strifa'?l«;"f'r "^"e pto,h,etlo„ of cited
yo^'VrLfL'.!!':"

tW» "ette., Dotii T

fto»

•■Sincerely Youro,

C

End: FOT.A to Kerry ft T.lb.Cong, letter
cc; File

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eleaon®, Sec7r^d*T«ry'

OGIS
OFHJCt •/GOVEIINMENT

OFFICE o/GOVERNMENT INFORMATION SERVICES

INFORMATION SERVICES

November 17,2016 — Sent via U.S. Mail

Eric Richard Eleson^
Inmate No. J-59564
Mule Creek-II State Prison
NATIONAL

P.O. Box 409089

AllCHI VLS

lone, CA 95640-9089

•ni./ ILHCOIU^S

ADMINISTRATION

8601 ADFLPMl ROAD
OGIS

COI.i r.GE PARK. MD

Dear Mr. Eleson:

Thank you for contacting the Office of Government Information Services.
Congress created OGIS to serve as the Federal FOIA Ombudsman and our

jurisdiction is limited to assisting with the FOIA process.

:^-0740-600l

\\dK \m'w.o^is.tirchfvcs.^ov
I'-imil:[e-mail]
phone:202'7-fi-5^yo
toll'free:i -877-684'6448

OGIS:

• Advocates for neither the requester nor the agency, but for the FOIA
process to work as intended

• Provides mediation services to help resolve disputes between FOIA
requesters and Federal agencies

fox:zo2-74i'S769

• Strives to work in conjunction with the existing request and appeal
process

• May become involved at any point in the FOIA administrative process
OGIS does not:

• Compel agencies to release documents
•

Enforce FOIA

• Process requests or review appeals
• Provide assistance outside the realm of FOIA

• Make determinations or dictate resolutions to disputes

NATIONAL
ARCHIVES

Congress created OGIS to complement existing FOIA practice and procedure;
we strive to work in conjunction with the existing request and appeal process.
The goal is for OGIS to allow, whenever practical, the requester to exhaust his
or her remedies within the agency, including the appeal process. OGIS has no

investigatory or enforcement power, nor can we compel an agency to release
documents.

In your submission to OGIS you explained that you made two requests to the
Department of State (State) but have not received a response for either. OGIS
contacted State to learn about your requests. The State FOIA Public Liaison

informed OGIS that the agency has not received either request. She noted that
you should send your requests to the following address:

Mr. Eric Richard Eieson '

November 17, 2016
Page 2 of 2

Office ofInformation Programs and Services
A/GIS/IPS/RL

U. S. Department of State, SA-2
Washington, D. C. 20522-8100

Please write "Freedom ofInformation Act/Privacy Act Request" on the envelope. I hope you
find this information useful. Thank you for contacting OGIS.
Sincerely,

Kate Russ
Facilitator

United States Department of State
Washington, D.C. 20520

DEC

9 2016

Dear Requester,

RE:_6

'P
This is in r^_

was received on

. We have assigned Case Control Number

and will begin the processing of your request based upon the information provided
in your communication.

The cut-off date is the date the search is initiated unless you have provided a
specific timeframe.
..

Unusual circumstances (including the number and location of Department
components involved in responding to your request, the volume of requested
records, etc.) may arise that would require additional time to process your request.
We will notify you as soon as responsive material has been retrieved and reviewed.

Should you have any questions, you may call our FOIA Requester Service Center
at(202)261-8484 or send an email to [e-mail]. Please refer to the
Case Control Number in any communication.

Sincerely,
Requester Communications Branen u

Office ofInformation Programs & Servi
rvices

Office ofInformation Programs and Services
U.S. Department ofState, SA-l
Washington, DC 20522-8100
Website: www.foia.state.2ov

Inquiries:
Phone: 1-202-26I-8484
FAX: [phone]

E-mail: [e-mail]

Fees: The Freedom of Information Act(FOIA) provides that agencies may assess fees to
recover the direct costs of processing requests, unless a fee waiver has been granted.

According to our regulations, by making a FOIA request, you have agreed to pay all applicable

fees up to $25 unless a fee waiver has been granted. You may specify a willingness to pay a
greater amount. Ifthe estimated fees exceed this limit, you will be notified. Please do

send payment in advance. If there are fees incurred in the processing of your request, you
will be notified of the amount owed in separate correspondence.
You have stated your willingness to pay the fees incurred in the processing of this
request up to $

.

Please let us know if you are willing to pay the fees that will be incurred in the

processing of your request. You may set a limit of the maximum amount that you wish to pay.
Please be advised that, without an agreement to pay fees, your request will be processed
without cost up to the required first 2 hours ofsearch time (for all other requester category
only) and duplication ofthe first 100 pages(for all other, media, educational and non
commercial scientific requester categories).

Based upon the information that you have provided, we have placed you in the requester
category checked below. This request will be processed in accordance with the fee schedule
designated for that category (see 22 C.F.R. 171).

Commercial Use Requesters - Charges may be assessed that recover the full direct
costs ofsearching for, reviewing for release, and duplicating the record(s) sought.
Educational Institution Requesters- Charges may be assessed that recover the cost of

duplicating the record(s) sought only, after the first 100 pages of duplication.
Non-commercial Scientific Institution Requesters - Charges may be assessed that
recover the cost of duplicating the record(s)sought only, after the first 100 pages of
duplication.

Representatives of the News Media — Charges may be assessed that recover the cost of

duplicating the record(s)sought only, after the first 100 pages of duplication.

j/ All Other Requesters - Charges may be assessed that recover the full reasonable direct
cost ofsearching for and duplicating the record(s)sought, after the first 100 pages of
duplication, and the first two hours of search time.

You have indicated your inclusion in a category different than the one indicated above.

Please forward the information requested on the enclosed sheet titled "Requester Categories'
to substantiate your inclusion in a particular category of requester.

We will notify you ofthe costs incurred in processing your request as soon as the search for,
and review of, any responsive documents have been completed.

United States Department of State

Washington, D.C. 20520

Case No.: F-2016-16892

JAM 2 7 2017

Mr. Eric R Eleson

Mule Creek-II State Prison
P.O.B0X 409099

lone, CA 95640

Dear Mr. Eleson:

I refer to your letter dated October 11, 2016,requesting under the provisions of
the Freedom ofInformation Act(Title 5 USC Section 552) and/or the Privacy
Act(Title 5 USC Section 552a)the release of certain records maintained by the
Department of State.

The Department of State has a number ofrecord systems. Its Central Foreign
Policy Record File is an automated centralized records system, containing
substantive foreign policy documents. Additionally, offices within the
Department and Foreign Service posts abroad maintain files specific to their
operations. Information about the Department and the mission and functions of

its individual bureaus and offices, as well as its posts abroad, may be found at
our website, www.state.gov or in the U.S. Government Manual published by
the Government Printing Office and available at most public libraries.
Based on the subject matter of your request, we searched the record systems
most likely to maintain responsive records: The Office ofthe Legal Adviser
and The Office ofthe Historian. After a thorough search ofthese systems
conducted by professional employees familiar with their contents and

organization, no records responsive to your request were located.

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2 -

The National Archives routinely accessions after 25 years those State
Department records that it considers to be of historical interest. Once

accessioned by the National Archives, such records are no longer in the
custody ofthe Department of State. You may therefore wish to direct your
request to the Archives at the following address:

The National Archives at College Park
Special Access & FOIA Staff
8601 Adelphi Road,Room 5500
College Park, MD 20740-6001

ATTN: Martha Murphy

The above office can also be reached by telephone at(301)837-3190, or by
e-mail at specialaccess [e-mail].

I regret that the Department's response to your request is not more positive.
Please direct questions concerning the processing of your case to the Office of
Information Programs and Services, A/GIS/IPS, SA-2,Room 8100, U.S.
Department of State, Washington, D.C. 20522-8100, or to telephone number
[phone].

The D.C. Circuit Court of Appeals, in Oglesbv v. Department ofthe Army,920
F.2d 57(D.C. Cir. 1990), ruled that a "no record" response constitutes an

adverse determination, thereby requiring an agency to give appeal rights to the
requester. Our determination that the Department does not have any records
responsive to your request may be appealed within 60 days of the date ofthis
letter. Although I believe that our search effort has been thorough and
complete, I want to be sure that you are aware ofthis court decision.

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3

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Appeals should be addressed to: Chairman, Appeals Review Panel, c/o Appeals
Officer, A/RPS/IPS/PP/LA,Room 8100, SA-2, U.S. Department of State,
Washington, D.C. 20522-8100. For further information on the Department's
appeal procedures, see the Code of Federal Regulations, 22 CFR 171.13. In all
correspondence concerning this case, please refer to the case number shown
above.

Sincerely,

Eric F. Stein

Director, Acting
Office ofInformation Programs and Services

Eric Richard; eleson,® Secured Party
In Care Of: MULE CREEK-II STATE PRISON

Fac. D-16-A103-3LOW

[J-59564]

U.S.P.S. Box 409089

lone, Califiomia

Near[PZ: 95640-9089] N. America
Authorized Representative for and via:
ERIC RICHARD ELESON©, Trust(J-59564)

''-•''rch 3rol, 3017, c.e.

The National .Archives at College Park
Special Acce.es Kt F.O.I.iA. Staff
OfiOl Adelphi Road, Rm. 5500

College Park, MD 20740-6001
Attn: m. MARTOA MNRCTIY

[phone]

speciala®::e.ss_^foia(anara.gov.

RE; F.O.I.A. Request to SoS for names of U.8. .Senators

Each's Vote jn Joint

Resolution of 1897 (Ne^vland's Resolution) allegedly Adoptrlng the Treatf
- . Annexat.uon of the Repiblic of Ha*>iai'i (.RoC Av-?016-16R92] attached.

Pear MR. MORPT-IY;

I do hope that the alleged Jo.int Resolution of 1897 (Newland'.s Resolution)
Adopting the Failed Treaty of Annexation of the Republic of Pav?ai') -jR of
significant T-Tistoncal. importance to have Ijeen Included In this conntrv's
National Archives.

'

As yo" can see by the enclosed letters, T have lx?en endeavor!no to ob!-ain a
copy of the above-cited Joint Resolution and a list of names of the Rpnators
pre.sent and Each's Vote.

• Hn.u.,or.,

I was given the "correct" address to send the P.O.I.A. Request to the

M8. KATE RNSS, Tracllitator, of your 0CI8 Dept. (see encloid), and'i^ no;

bv

yo" 1"
Dsp-artmBnt, them.
ore than 9? year.s old, and you should te able to locate .in the RocorflB aw
25

X appreciate any assistance you can offer to help me obtain the names of the
Senators present and their Votes for the J.R. of 1897. Thank you.
Very Sincerely Yours,
/■

^

{(

V

End; Letters, Ltr. to Ahres.,
Response from SoS
cc; File

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.

A

j
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A./.

/■
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//

!-<■ .

Eric Richard; eleson®. Secured Party

^

Eric Richard; eleson®. Secured Party
In Care Of: MULE CREEK-II STATE PRISON
Fac. D-16-A-103-3 Low
[j-59564]
U.S.P.S. Box 409089

lone, California

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

ERIC RICHARD ELESON®, Trust, J-59564
March 2nd, 2017, c.e.
MR. DONALD TRUMP

PRESIDENT OF UNITED STATES

1600 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, D.C. 20500

RE: F.O.I.A. Reqv^st to U.S. SECRETARY OF STATE (attached) #F-2016-16892

(re: Failed Treaty of Annexation of the Republic of H^ai'i).

MR. PRESIDENT:

I am writing to you for your assistance, or as the next step. It aonears that
since the SECRETARY OF STATE is an appointed Officer, you would be the logical

person to send an "Appeal," (of a denied F.O.I.A.), so that I can exhLst anf

Administrative Remedy before filing for "Judicial" enforcement.

As you can see

attached letters, I have been endeavoring for over a

year to obtain "Official Records" of the names of the Senators p?eseSt Ind

^ch s Vote for the 1897 (alleged) Joint Resolution to Adopt the Treaty of
Annexation of the Republic of Hawai'i. ("Newland's Resolution).

"correction"
1^9/16 letter from the Secretary of State's "Information Services."toIthe
am
^
getting the run-around, evaded, previous
attempts to other more logical parties (ie: Congress) wereas all myeven a^I

Lmq ioi/, citing STATE V. McGRATH. 490 Mont. 490, (^1 220; 1968 Cal. ..PP
^PP- 2d 216, v 9h qqq q/,i App.
LKIS

Wslative, and Judicial BrSes/''and*^itihg

annlv to the Government (all 3 Branches!). ^26 - 427. The F.O.I.A. should
p '
?P
apply

It IS my intention to avoid Judicial action if at all possible, however, this

So

Hab^s Corpus Certiorari in the U.S. Supreme cSrtr

the Sfn^b (9th) r®
n '^^a-Uenge to the Constitutionality
Ninth Jpi-M Circuit Court of Appeals No. 15-16697.

of a Statute in

vSu''for''vn,.i time and consideration in thisin obtaining the documents. Thank
you tor your
ting your assistance important Matter.
Respectfully Yours,
\ ,-'""1
V

End: all of Exhibit "3"

..

/\y

//
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r"/
'

Eric Richard; eieson"«'. Secured Party

cc: File

F.O.I.A. Appeal to Pres.

t r

Page 1 of 1

C--

r

"^^i:iEIx:aTOmsirjam:rTir^^

2

I, the Undersigned, hereby declare that I am over the age of 18 years, and I

3

4

5

a party to the forgoing cause of action, and that on this /^ day of October

_, 2016;

I placed the below-titles legal document(s) in the U.S. Mail, postage prepaid .
ADDED EXHIBIT #3 TO THE CHALLEWN6E TO CONSTITUTIONALITY OF
JOINT RESOLUTION OF 1897 TO ADOPT (FAILED) TREATY OF

6

• 7

ANNEXATION OF RBEUBLIC OF HAWAI'I (Filed in 15-16697)

8

9

10

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which were addressed to the below-named persons:
12

CLERK OF-COURT

13

2.

U.S. SUI^feME COURT

9"^ Circuit Court of Appeal

1 FIRST STREET N.E.

14

. Clerk of Court
95 Seventh St.

WASHINGTON,D.C.20543

.San Francisco, CA 9411 G'3 -152,6

15

16

17

18

19

3.

KAMALAHARRIS

\
L

ATTORNEY GENERAL'
STATE OF CAL.IFORNIA

20

1300 "I" STREET

21

ATTNj MS TAMI M. KRENSIZ

SACR2^OTQ.CA.95814 '
22

23

24

I Eric Richai-d; eleson©- fv.... i j i
false witness" (-Exodu-? 90.16^—TTT*!^ r u

™

penalty of "thou shall not bear

JurirorofSSoL public, that the foiegoin^j^ tnie, correct and complete,so help me GOD.
"T"
Original Organic

25

P.

Declarant: Eric Richard} eleson®, Secured Party
l(»"S9?rf ~

Fot'At

to ScS./M/m