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Re: How to get the DOJ to move on a case

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  • soc_anon_01
    This why my opinion is to use the Fed F.O.I.A. Officer. It is this person s duty to insure the F.O.I.A. Act is complied with, but only if it is sent to them.
    Message 1 of 2 , Aug 31, 2006
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      This why my opinion is to use the Fed F.O.I.A. Officer. It is this person's duty to insure the F.O.I.A. Act is complied with, but only if it is sent to them.

      There is one more thing to take into account as most appear in the wrong jurisdiction.

      What does the complaint say at the top? The People of (in sert state name here) v.s. Jane/Jon Doe? Is not this an issue between the State and one of the Citizens?

      The Constitution of the United States, Article 3 Clause 1:

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

      Note 10: This Clause has been affected by amendment XI



      --- In tips_and_tricks@yahoogroups.com, "Candi" <goldilucks@...> wrote:
      >
      > When you look at the Federal Rules of Criminal Procedure under Rule
      > 3, it states and I quote, "The complaint is a written statement of
      > the essential facts constituting the offense charged. It must be
      > made under oath before a magistrate judge or, if none is reasonably
      > available, before a state or local judicial officer.".
      >
      > The attorney general is NOT a judicial officer!!!!! Any attorney,
      > whether it be attorney general, district attorney, prosecutor etc.
      > are in the executive branch and NOT in the judicial branch.
      >
      > Do a FOIA request on the DOJ, but call them first because they will
      > stall and eventually not answer unless you know the dept. that is
      > required to answer your foia. Ask them who can answer who can
      > provide the judicial officer that is required to accept complaints.
      > Other than that, you had better be prepared to either take them to
      > court on a FOIA non response or lose.
      >
      > By the way, everyone is brainwashed about this. If you look at your
      > state rules you will find the same thing. Why? Because a judicial
      > officer has no discretion to act on your complaint, however an
      > executive officer (DA/Prosecutor) DOES have discretion. Hello!!!
      > Judges always want you to take your complaint to the prosecutor.
      > They don't want to be held liable. We must pursue this angle as our
      > remedy!
      >
      > Candi
      >
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