DECLARATION CONTENTS

1. Top Nuclear Scientist states: We are on the Eve of Destruction...we cannot survive even a small nuclear conflict - 138-146
2. Constitutional Rights Abolished by the Department of Justice & Judiciary (DOJJ) - 115-137
3. Corrupt Government and State officials cost the lives and quality thereof, of hundreds of thousands of U.S. citizens 1-30, 45-46
4. Precedent law and intent law has negated Legislative Law and the U.S. Constitution - 38, 105-108, 115-118, 120-126
5. The legislature lost its power to represent the people of the United States to the Department of Justice & Judiciary (DOJJ) 67, 103-121, 126-137
6. Total corruption in many Federal trials and appellate courts condoned by the Department of Justice & Judiciary (DOJJ) 25-48, 100, 115-126
7. Federal judges refuse trial by jury requests from defendants - 48, 124-125
8. Federal judges condone altering and tampering with Grand Jury documents - 27-29
9. Injustice for the majority of US citizens by the DOJJ - 50-52, 79-85, 97-102
10. DOJJ boasts over 95% conviction rate of innocent and guilty via plea bargains and conjured trials 30-48, 78-85, 100-101, 123, 124
11. Torture and death at the hands of the Department of Justice & Judiciary (DOJJ) 53-76, 84, 85, 87-92, 96-99, 103
12. Suggested laws need to be implemented and parole reinstated immediately to stop needless torture and death of inmates at the hands of the Bureau of Prisons (BOP) and DOJJ - 113-114
13. The Office of the Inspector General (OIG) whitewashes their investigations into the illegalities, inhumane treatment of prisoners under their control after a direct request from Senator Charles Grassley of the Judiciary Committee 87-96, 104, 130-131

Verified Declaration of James T. Kimball

21. It is presumed the pharmaceutical industry used all its power and money to convince the FDA to remove DEDI's product from OTC listing as a drug. The FDA did so about one year later by suggesting the side effects of a few similar products developed and used over 50 years ago were the same as DEDI's new and different product which had revealed no side effects in testing and in seven years of use by the general public.

22. The three major conspirators are employees from Somerset, DOH and the FDA who enlisted the help of the U.S. Postal Service, IRS, U.S. Customs, Florida Dept. of Law Enforcement ("FDLE") and others, and executed their illegal search, seizure and confiscations on schedule for May 12, 1993. The illegal raid consisted of the DOH agents, pretending to be federal agents, coming into KIMBALL's home and business under a federal search warrant, which was limited to confiscating certain items after their entry. After their entry they confiscated everything that was not on the federal warrant for the State of Florida with no warrant whatsoever. This was an illegal preplanned arrangement that was carried out perfectly, and should have put KIMBALL and DEDI out of business. By the time the federal government agents took all the paperwork, computers and trade secrets of how to manufacture DEDI's products under their federal warrant and the DOH took about every product and chemical, including products in the research stages, DEDI had nothing. At the same time, the IRS took all the money in the businesses checking accounts. KIMBALL used his life savings and borrowed money to get DEDI started again. Over a ten year period, the FDA raided companies related to KIMBALL and each time money was stolen. The first time, they stole over $11,000 from the public in orders and never returned the money to the public. In 1998, they stole over $3,000 of the public ' s money which was never returned to the public while $1,500 in customer orders in cash was stolen by FDA agents and put in their pockets. KIMBALL even has the names of the FDA agents that stole the cash. In 1999, FDA agents opened a safe and removed a sealed envelope addressed to KIMBALL, which was delivered by UPS, and had not been opened by KIMBALL yet. The agents took $8,000 sent in by a doctor to KIMBALL and never returned the money. When KIMBALL requested the money be returned by the Government, Judge Lazzara said NO!

23. Shortly thereafter, the IRS agents KIMBALL had been speaking with in Tampa told KIMBALL the IRS agents in California lied to the Tampa IRS agents regarding their money confiscations. The Tampa agent offered to give money back to KIMBALL if he would sign an agreement not to sue them, which KIMBALL did as the companies needed the money.

24. It appeared that Somerset's move to Tampa had paid off. Somerset held off its suit as the Government agents had suggested and filed it right after the raid. DOH also filed a civil action against DEDI and KIMBALL after the raid. From DEDI, all the evidence was taken to California under a number of grand jury investigations. DEDI and KIMBALL were never indicted and all the confiscated materials were returned in 1997.

25. Magistrate Judge Charles A. Wilson was the federal judge presiding over the Somerset civil suit against DEDI and KIMBALL. Somerset's attorney's, Gunster & Yoakley from Stuart, Florida, consistently lied to Judge Wilson which was pointed out by DEDI's corporate attorney R. Elliott Dunn, Jr. and KIMBALL. Judge Wilson could have cared less and consistently found against DEDI and KIMBALL, assessing them fines. Judge Wilson allowed Somerset to have full access to all the materials confiscated for the Grand Jury from DEDI and KIMBALL by the government, including DEDI's trade secrets. Judge Wilson and government officials even allowed Somerset's attorney's access to documents of other companies affiliated and non-affiliated with DEDI and KIMBALL.

26. It was obvious to KIMBALL that Judge Wilson was bought and paid for, either with influence, money, or both. Judge Wilson spoke with the federal prosecutor in California about the status of a federal indictment against KIMBALL, which is judicially improper. At that time, Judge Wilson was soliciting to be the U.S. Attorney in Tampa, Florida and, knowing he could be prosecuting KIMBALL criminally, he should have recused himself from the civil case against KIMBALL. Judge Wilson did not recuse himself and continued with the civil case until he was appointed U.S. Attorney. After Judge Wilson was appointed U.S. Attorney, he assigned Assistant U.S. Attorney Michael Rubinstein ("RUBINSTEIN") to convene a grand jury investigation and secure an indictment against KIMBALL. After KIMBALL's indictment, U.S. Attorney Wilson then proceeded to become a judge on the Eleventh Circuit Court of Appeal, which denied KIMBALL's appeal of his conviction. The Eleventh Circuit ' s denial of KIMBALL's appeal went directly against the Supreme Court and the Eleventh Circuit's precedent rulings, and against the U.S. Constitution.

27. In 1998, after KIMBALL's grand jury investigations had been dropped in California, KIMBALL found out that U.S. Attorney Wilson and AUSA Rubinstein started the 7 th or 8 th grand jury investigation against KIMBALL in Tampa, Florida seeking an indictment. KIMBALL demanded to appear before the grand jury and was eventually granted an appearance by AUSA Rubinstein and U.S. Attorney Wilson. When KIMBALL appeared, he convinced the grand jury it wasn't KIMBALL or DEDI they needed to investigate, it was Somerset and a number of government and state officials, including U.S. Attorney Wilson and AUSA Rubinstein, that illegally did this to DEDI. The grand jury agreed to investigate and KIMBALL asked the grand jury to excuse AUSA Rubinstein from the room and the investigation because he would be one of the ones being investigated in this conspiracy. AUSA Rubinstein spoke up and said he had nothing to hide. The grand jury told KIMBALL, in essence, they could not function as a grand jury without AUSA Rubinstein. AUSA Rubinstein promised the grand jury he would cooperate with KIMBALL and the grand jury and would work with everyone involved, which was an absolute lie. The grand jury asked KIMBALL to make a list of the individuals involved, called targets, and lay out what violations of law or constitutional rights they had violated and the grand jury would bring them in for questioning. Then it was agreed that KIMBALL and AUSA Rubinstein would work together to get KIMBALL's information before the grand jury. AUSA Rubinstein agreed to cooperate with the grand jury, and he would do everything he could to work with KIMBALL, acting as a go between KIMBALL and the grand jury. After KIMBALL left the grand jury, AUSA Rubinstein totally refused to cooperate in any respect with KIMBALL and the grand jury was disbanded shortly thereafter.

28. KIMBALL demanded a copy of the grand jury transcript to document his appearance and what the grand jury had agreed to do. When KIMBALL finally received the transcript it had been altered dramatically and the pertinent parts removed. The same thing happened again when Mary Groomes, KIMBALL's secretary, was subpoenaed to appear before the grand jury and received a copy of her transcript, it was also altered. Federal Judge Lazzara was informed and refused to take any action.

29. U.S. Attorney Wilson and AUSA Rubinstein quickly convened another grand jury where many of the conspirators testified again and consistently lied in attempts to secure an indictment against KIMBALL. The prosecutorial misconduct before the Grand Jury by AUSA Rubinstein condoned by U.S. Attorney Wilson included: AUSA Rubinstein testifying when not under oath, leading witnesses, deliberately and knowingly misleading the grand jury, supplying DOH with secret grand jury documents and evidence for DOH to use in their civil cases against DEDI and KIMBALL. KIMBALL presented two boxes of evidence to the grand jury during one of his appearances before them. These boxes contained about 1,000 documents which put forth illegalities by government agents, Dana Barnett, Somerset ' s attorneys, DOH agents, AUSA Rubinstein and U.S. Attorney Wilson. AUSA Rubinstein gave these grand jury records to FDA Agent Matteson who was working with DOH Agent Orr. Both Agent Matteson and Agent Orr were key targets in these documents for their illegal acts. Even a member of the grand jury questioned AUSA Rubinstein giving the grand jury records to FDA Agent Matteson. However, AUSA Rubinstein did it anyway.

This is in the grand jury transcripts which KIMBALL and others hold with thousands of other documents against government officials. Obviously AUSA Rubinstein neglected to alter some grand jury transcripts. DOH Agent Orr testified before different grand juries 7 times in attempts to indict KIMBALL. Agent Orr consistently lied in all of them while contradicting her own testimony to different grand juries. Agent Orr and AUSA Rubinstein play acted before the grand jury with Agent Orr pretending to be another person testifying before the grand jury and allegedly reading selected pieces of testimony by witnesses which appeared before a different grand jury. Agent Orr's perjury was so blatant that when AUSA Rubinstein asked her about another person's testimony she said she didn't need to read the transcript she had it memorized and testified before the grand jury the opposite of what the transcript said in an effort to indict KIMBALL. Agent Orr even told the grand jury that DEDI wasn't licensed with the DOH as a drug manufacturer. Agent Orr was present in 1997 when a Florida Circuit Court Judge deemed DEDI licensed in 1993 by DOH without any renewal being necessary.

Agent Orr had been testifying against KIMBALL and DEDI since 1993 in Florida civil cases. Even though Agent Orr worked for the Dept. of Health, she started working directly with AUSA Rubinstein and FDA Agent Matteson in their grand jury investigation against KIMBALL in 1998 and was funneling grand jury documents and information to DOH to use in their civil cases against KIMBALL. AUSA Rubinstein's, Agent Orr's and DOH Attorney Daniti's acts were so blatant that Attorney Daniti for DOH would put the grand jury documents in a motion filed by DOH in their civil cases, before KIMBALL and DEDI could acquire the information and copies of documents from the source. These acts are illegal, however, it was the Justice Department committing the acts. KIMBALL didn't secure and review all of Agent Orr's testimony and documents until after he was imprisoned, due to restrictions placed by U.S. District Judge Lazzara.

30. DEDI was raided for the third time in July, 1999 which was orchestrated by U.S. Attorney Wilson and AUSA Rubinstein who had enlisted the help of DEDI's legal advisor and compliance officer Louis T. Smith ("SMITH"). Prior to the raid, SMITH drew a map indicating where to search and what to confiscate. One of the places on the map checked to search and seize documents from, were the legal files which held all the defense documents for the two DOH civil cases. One of which was upcoming in October where DEDI and KIMBALL were scheduled to put on their defense. Most all the legal defense documents were seized under the control of U.S. Attorney Wilson and AUSA Rubinstein allegedly for the grand jury.

31. KIMBALL was indicted within a week or two. A few weeks after his indictment, KIMBALL received the first formal warning letter from the FDA warning KIMBALL that the flyer which accompanied KIMBALL's LDC made it a drug and telling KIMBALL to stop selling LDC or the FDA would take action against KIMBALL. KIMBALL had stopped selling LDC. The letter also gave KIMBALL 15 days to respond. The FDA did what the law said to do, only after the fact. The law says the FDA must give a warning or have hearing before they can take criminal action. That letter from the FDA was never presented to the jury due to the actions of Federal Judge Lazzara.

32. KIMBALL now had three identical cases. Two of which were in the Florida courts and the third in federal criminal court. Presiding over the court in KIMBALL's criminal case was Federal Magistrate Judge Thomas B. McCoun and District Court Judge Richard Lazzara. Both the pretrial motions and conferences along with the trial were an orchestrated stage show of judicial and prosecutorial misconduct. Elliott Dunn, DEDI's corporate attorney, was not a criminal attorney and did not wish to defend KIMBALL criminally, however, offered to assist KIMBALL prior to trial in motions and hearings. KIMBALL and DEDI were essentially out of money and hundreds of thousands of dollars in debt due to the legal actions by Somerset, DOH and the FDA along with U.S. Attorney Wilson, AUSA Rubinstein and others. KIMBALL did not have the funds to defend himself, nor did his wife who was over one hundred thousand dollars in debt in her own business.

33. Many customers who had purchased products from DEDI over the 10 year period donated money for KIMBALL's defense, however, that money was used up with consulting attorneys. The Court told KIMBALL he did not qualify for a court appointed attorney even though KIMBALL was $160,000.00 in personal debt with relatively no assets at all. KIMBALL's wife was over $100,000.00 in personal debt. When KIMBALL attempted to represent himself, the Court said no, however, it allowed him to try, and KIMBALL proved to himself and the Court he was not competent in criminal law to do so. Unable to secure a pro bono criminal attorney and the Court refusing to appoint one, four days prior to trail KIMBALL again asked the Court if he could represent himself as he had no other choice, and the Court granted KIMBALL's motion. He also asked Judge Lazzara for co-counsel, assistant counsel to help KIMBALL in his defense and the Court refused. The Court refused KIMBALL assistance of counsel, a person who knew nothing about criminal law, but readily approved assistance of counsel for AUSA Rubinstein when he stated to the court, this is a complicated case and he wanted the assistance from an FDA special attorney for trial.

34. AUSA Rubinstein continually lied to the Court and disobeyed court orders. When the Court was presented proof of AUSA Rubinstein's lying from DUNN and KIMBALL, the Court did nothing. Worse, the Court flatly refused to do anything to AUSA Rubinstein when he blatantly disobeyed court orders, one of which was to return DEDI and KIMBALL's defense documents which were mandatory for their defense in the DOH civil case. DEDI and KIMBALL had to default their defenses in that case and were fined legal fees over $700,000.00 that they didn't have. In addition, AUSA Rubinstein refused to obey court orders to produce evidence he held for KIMBALL's defenses and the court did nothing. Even when DUNN and KIMBALL filed multiple motions to compel, and sanctions. Some evidence ordered to be produced by the Court, AUSA Rubinstein never produced at all, yet the Court did nothing. On the other hand, when the Court even thought that KIMBALL disobeyed a court order, suggested by AUSA Rubinstein, KIMBALL was placed in jail for 10 days even though the action KIMBALL took was on the advice of DUNN, and on the advice of his compliance officer SMITH, who KIMBALL did not know at the time was operating as an undercover government agent. After SMITH told KIMBALL that what he was doing would not disobey a court order, he turned around and advised AUSA Rubinstein that it violated the court order and KIMBALL was arrested. This all came out in testimony during the third identical case against KIMBALL in the Florida Administrative Court in 2001, after KIMBALL was imprisoned.

35. In speaking with attorneys after receiving an FDA formal warning letter, subsequent to his indictment, it was concluded that if the FDA were to take any action, it should have been civil or administrative, not criminal. The FDA had not deemed LDC a drug administratively; flatly refused to deem LDC anything, even though KIMBALL had asked the FDA to deem it a supplement in 1991. Then in 1992 KIMBALL asked the FDA to deem it a drug, they refused to do so. The FDA even stipulated in court they had never deemed LDC to be a drug. How could the FDA ask a jury who has no expertise in determining whether a product is a drug, a prescription drug, or a dietary supplement and do the FDA's job when the FDA has refused to do so for 9 years.

36. DUNN filed many motions, backed by many laws, which DUNN and KIMBALL firmly believed should dismiss the criminal action by the conspirators. As fast as DUNN drew them up Judge Lazzara threw them out. Not only did he throw them out, he dismissed witnesses and evidence prior to being introduced. When a motion was filed for dismissal for government misconduct, Judge Lazzara refused to hear it. Then during the trial Judge Lazzara said he would hear it, then when KIMBALL attempted to produce the evidence, Judge Lazzara refused to admit it. When DUNN filed a motion to dismiss for the illegalities of AUSA Rubinstein for enlisting a major member of KIMBALL's legal department as a confidential informant and undercover agent, which was so obvious any layman could see it, Judge Lazzara denied it. Even though lies were told to Judge Lazzara by both AUSA Rubinstein and SMITH, it was obvious to anyone they were both lying. Common sense would dictate that AUSA Rubinstein and SMITH were lying. SMITH said he didn't know why he stayed on at DEDI and needed the money. AUSA Rubinstein lied and told Judge Lazzara that SMITH was not an undercover agent. If SMITH was not an undercover agent for AUSA Rubinstein, why did he conceal SMITH's identity from KIMBALL and the public so no one could find out the confidential informant's identity while he kept his employment with KIMBALL. Then set up KIMBALL for AUSA Rubinstein to arrest weeks after his indictment for an act SMITH and DUNN recommended was alright for KIMBALL to do.

37. Evidence was gained by KIMBALL after he was in prison during the third duplicate DOH case in 2001, that AUSA Rubinstein wrote to the Florida Dept. of Labor about SMITH having to leave the employment of KIMBALL for fear of being discovered. Evidence was also gained where SMITH admitted to a Florida Dept. of Labor administrator that he was an undercover agent and the labor board supervisor memorialized it by writing it up in his report. Also, in his testimony in the 2001 DOH administrative case, SMITH testified and slipped up in his constant perjury and admitted he attended a meeting after KIMBALL's indictment which related to KIMBALL's actions and defenses. SMITH had testified to Judge Lazzara in federal court that he did not attend meetings after KIMBALL's indictment regarding KIMBALL's activities and defenses. DUNN who did not testify at KIMBALL's trial due to the actions of Judge Lazzara, did testify in 2001 at the administrative hearings stating SMITH attended many legal conferences after KIMBALL ' s indictment regarding KIMBALL's defenses in the indictment, to include the legal conference which SMITH attended with DUNN which placed KIMBALL in jail.

38. In one of his many legitimate motions to dismiss, DUNN pointed out the letter of the law put forth by the legislature in the Dietary Supplement Health Education Act (DSHEA) which states; that before any person can be brought up on criminal charges for selling a dietary supplement under DSHEA, the FDA must communicate with the person of an alleged offense and hold a hearing on the issue if requested. DSHEA also stated in non-legal terms that any product qualifies as a dietary supplement if it contains one or more ingredients specified in DSHEA. KIMBALL and DEDI ' s LDC was sold under DSHEA and contained four ingredients all of which qualified under DSHEA as dietary supplements, testified as such by experts. Judge Lazzara said, in essence, that doesn't matter because other court cases negated what the legislature said in their law they passed, DSHEA. He didn't care what the legislature said, he was going by precedent law.

39. As the trial began, the lies by AUSA Rubinstein and judicial misconduct by Judge Lazzara was deliberate, immediate and exceedingly detrimental to KIMBALL. In AUSA Rubinstein's opening statement, which was full of lies some of which were LDC was exactly the same as Eldepryl and bringing up KIMBALL's past alleging a criminal history when, in reality, there was none. Prejudicing the jury with his lies, yet Judge Lazzara said nothing. As soon as KIMBALL started making his opening statement and was telling the jury the truth, that he was forced to defend himself because he could not afford an attorney which would have revealed that the court violated KIMBALL's Sixth Amendment rights "to have the assistance of counsel for his defense", Judge Lazzara interrupted KIMBALL, brought him to his bench and chastised KIMBALL loud enough for every juror to hear him scolding KIMBALL telling him he was prejudicing the jury by telling them that. Throughout KIMBALL's opening statement Judge Lazzara kept interrupting KIMBALL, even questioning the truthfulness of KIMBALL's statement to the jury. Judge Lazzara advised AUSA Rubinstein and Special FDA Prosecutor Jones to make objections to KIMBALL's opening statement to the jury as they had no objections to that point. Judge Lazzara now became a third prosecutor against KIMBALL with AUSA Rubinstein and Jones.

40. Aside from Judge Lazzara interrupting KIMBALL throughout the trial, chastising him loud enough for the whole jury to hear, after the government prosecutors had their chance at the witness and KIMBALL cross examined them Judge Lazzara would cross examine them again in further attempts to discredit them if it appeared KIMBALL did well with them in his examination. In the midst of the trial when KIMBALL asked AUSA Rubinstein to produce witnesses he had requested from the government, AUSA Rubinstein refused and told Judge Lazzara the witnesses KIMBALL could have and the Judge went along with Rubinstein. Judge Lazzara had agreed to allow KIMBALL to produce a multitude of reports from DEDI's customers in lieu of their testimony, which KIMBALL intended to use in his defense as evidence of the safety, effectiveness and the differences between KIMBALL's supplement and Somerset's drug. Judge Lazzara agreed to allow them in as evidence, but when KIMBALL went to present this evidence to the jury Judge Lazzara refused to admit any. Judge Lazzara allowed AUSA Rubinstein, without objection, to compare Somerset's Eldepryl prescription drug to KIMBALL's LDC, condemning LDC when the government never did any testing, reviewed any trials on LDC, even the ones conducted by DEDI on their LDC. However, as soon as KIMBALL began to examine one of the expert witnesses about the trial test results with Eldepryl, revealing the toxic side effects due to an unknown contaminant, Judge Lazzara objected and refused to allow the testimony for the jury to hear. When an argument was presented to Judge Lazzara that the door was opened by AUSA Rubinstein when he had done the same thing, Judge Lazzara simply replied, "well, why didn't KIMBALL object?" What KIMBALL should have said to Judge Lazzara was, "Judge, why didn't you object to AUSA Rubinstein when he brought it up, you objected to me bringing the subject up and disallowed the same subject matter?"