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

41. KIMBALL flew in a key expert witness from California who had testified as an expert in federal court before. He was to explain in layman's terms to the jury the exact differences between the dietary supplement KIMBALL developed and the drug Somerset had approved for sale only with another drug. Directly after Judge Lazzara admitted KIMBALL's witness as an expert, without any objection by the government, Judge Lazzara interrupted KIMBALL's witness and disqualified him because he started testifying from his review of other laboratories testing results. On the other hand, Judge Lazzara did not interrupt and disqualify any of the three government's alleged expert witnesses, and allowed them to testify about the testing results from Somerset's product which they never personally tested; even when they admitted they only reviewed other people's testing. In fact, Judge Lazzara even allowed the government to condemn KIMBALL's LDC as being dangerous, possibly fatal, when the experts admitted to not only never testing it, they didn ' t even state they reviewed any testing about KIMBALL's product that revealed any danger at all. That ' s because after 10 years LDC revealed no danger at all as testified to by doctors that had used LDC for their patients for 10 years.

42. Judge Lazzara allowed the government's experts to consistently condemn KIMBALL's product without any substantiating first hand knowledge. When KIMBALL attempted to question his own expert witnesses with substantiating evidence about the differences and detriments of Somerset's Eldepryl prescription drug product vs. KIMBALL's LDC. Judge Lazzara refused to allow the testimony. Judge Lazzara even stated in court that KIMBALL's LDC was a drug. Then after KIMBALL's expert witnesses testified it was a dietary supplement and, by law, was such, Judge Lazzara asked AUSA Rubinstein and FDA Special Prosecutor Jones; well, can't KIMBALL's product be both a dietary supplement and a drug?

43. Judge Lazzara even refused to allow KIMBALL to use a good faith defense which is an absolute defense to the government's charges that KIMBALL's LDC was prescription drug. KIMBALL adamantly believed, and still does, that DEDI's LDC product was a dietary supplement, not a drug, and everyone that knew KIMBALL would have testified to that fact. However, Judge Lazzara was not going to have that, nor put it in his jury instructions. The entire trial was mockery of the judicial system lead by Judge Lazzara, AUSA Rubinstein and Jones, all federal judicial employees.

44. AUSA Rubinstein refused to produce exculpatory evidence which revealed his key expert witness, Dr. Ira Shoulson, committed perjury in attempts to condemn KIMBALL and his product. This evidence was discovered and revealed just after KIMBALL was found guilty. It was immediately presented to Judge Lazzara, who just commented, "why wasn't this evidence produced at trial?" It was a violation of law for AUSA Rubinstein not to produce exculpatory evidence and Judge Lazzara should have, at the least, declared a mistrial. Additionally, AUSA Rubinstein knowingly presented pertinent evidence in document form representing them as something they were not, notwithstanding the documents presented were false, as a matter of fact. Worse, AUSA Rubinstein knowingly presented additional falsified documents to the jury, which again was pertinent to KIMBALL's conviction in the form of commercial invoices allegedly proving KIMBALL was recently selling LDC, when, in fact, AUSA Rubinstein knew the documents were altered by his undercover operative SMITH as they were altered in SMITH's handwriting. Again, this information was discovered in the duplicate hearing in 2001.

45. Throughout the entire trial, AUSA Rubinstein and all his expert witnesses projected to the jury that Somerset's product was approved by the FDA as an independent prescription drug using only once the word "adjunct", which KIMBALL is sure none of the jurors understood what adjunct meant, nor the judge. Eldepryl had to be a prescription drug simply because its only FDA approved use was with a dangerous prescription drug. Eldepryl was not FDA approved for any use by itself. The government's key expert witness at KIMBALL's trial, Dr. Schoulson, slipped while giving his testimony and "stated" Somerset's product Eldepryl " did not work". KIMBALL's expert witnesses Dr. Kalsa and Dr. Dean testified additionally Eldepryl did not work while stating KIMBALL's LDC did work very well. Testimony from a Parkinson patient that was using Eldepryl in 1990-1991 and was dying, ran across LDC in Mexico, ceased using Eldepryl and walked in to testify at KIMBALL's trial 8 years later testifying how LDC has saved her life. It was obvious just from the testimony of those witnesses that Eldepryl and LDC were not the same at all. However, the jury was steamrolled by lies, misconceptions of KIMBALL and his LDC by Dr. Schoulson, Federal agents, Judge Lazzara and the two government prosecutors. Judge Lazzara being the very worst by allowing bogus testimony to ramble on and on, prejudicing the jury against KIMBALL who was attempting to defend himself with two Prosecutors and one Judge against him. KIMBALL had seen the financial records of Somerset's Eldepryl sales for about 10 years and it had generated almost one billion dollars in revenues from a very limited market of people dying of Parkinson's disease. Somerset's product was nothing more than a huge scam fleecing money from the public that were afflicted and dying of a degenerative disease, Parkinson's, that their own expert researcher slipped and admitted Eldepryl " DID NOT WORK."

The FDA was sitting right there and heard the testimony Eldepryl did NOT work, and KIMBALL's LDC " did work". The FDA put KIMBALL in prison essentially for the rest of his life because he developed a product that did work and LDC is not available anywhere to save anymore lives while the FDA allows Somerset to continue to scam the compromised public dying of Parkinson's disease with Eldepryl and other generics that it knows "DO NOT WORK". Notwithstanding, to prove KIMBALL was guilty of anything, Judge Lazzara reluctantly stated to the jury that they had to first find KIMBALL guilty of selling a PRESCRIPTION DRUG. The FDA had never determined that LDC was even a drug, never mind a prescription drug, and the FDA is the only entity that, by law, can do so, and they refused to do so for 10 years. There is no provision in the law for a jury to make the determination that any product is a drug, or a dangerous prescription drug, nor does a jury have the expertise to do so. Judge Lazzara knew this, as did the conspirators. Yet they let the trial continue in their vendetta to imprison KIMBALL with their lies and deliberate misconduct.

46. Judge Lazzara wasn't a judge, he was prosecutor, executioner and a dictator in court as the trial record indicates. Judge Lazzara slipped during the trial inferring that if KIMBALL went to the FDA first and asked for his product to be accepted as a dietary supplement, there wouldn't be a trial. Judge Lazzara had forgotten the testimony by the government's own witness which verified that is exactly what KIMBALL did in 1991 when the FDA violated KIMBALL's First Amendment rights and returned his petition without administrative review as required by law. Judge Lazzara slipped again when he said there was no harm to the public and everyone liked KIMBALL's product. Prior to sentencing, Judge Lazzara showed his prejudice again stating KIMBALL was a millionaire inferring KIMBALL had hidden lots of cash overseas, even when the evidence clearly showed KIMBALL was $160,000.00 in personal credit card debt that he couldn't pay. KIMBALL, nor any family members, had accounts overseas or cash hidden overseas. KIMBALL most assuredly "was not" a millionaire and that statement from Judge Lazzara was a lie. However, it revealed one of Judge Lazzara's true bias feelings. Even KIMBALL's wife was $100,000.00 in personal credit card debt and owed over $350,000.00 in mortgages she did not have the means to pay and eventually had to sell property to stop from losing it and to support their 12 year old son.

47. KIMBALL took up the last of the donated money from his customers for his defense, borrowed the rest on his credit card and hired a prestigious attorney from Miami who was recommended by others to argue his sentencing before Judge Lazzara. Attorney Mike Pasano of Zuckerman, Spaeder advised KIMBALL prior to sentencing that as KIMBALL had done no harm, and there was no loss to any consumer only benefit, that Judge Lazzara should only give him 6 points amounting to probation for a year or so. Mike Pasano explained to KIMBALL that he used to be a prosecuting attorney, as were all the attorneys within his firm, and that they were fed up with it because he found that most all the government agents would lie under oath to convict whoever he was prosecuting. Pasano felt that was wrong and left his prosecuting attorney position to become a defense attorney.

48. Needless to say, at sentencing Judge Lazzara gave KIMBALL 13 years in prison for his first offense. KIMBALL had requested a trial by jury. Judge Lazzara was NOT going to allow KIMBALL a TRIAL BY JURY. In sentencing Judge Lazzara found KIMBALL GUILTY of many more charges NOT FOUND OR EVEN PRESENTED TO THE JURY and added about 12 more years to KIMBALL's sentence. KIMBALL was 60 years old, that was just about the equivalent of a life sentence for saving lives and improving the quality if life of thousands of people. To add insult to injury, if KIMBALL lives to serve his sentence, Judge Lazzara stated KIMBALL was to serve 3 years probation and no member of KIMBALL's family could be in the dietary supplement business.

49. KIMBALL was immediately placed in a federal jail in Tampa, Florida awaiting another trial on the trumped up charges contrived by undercover agent SMITH and AUSA Rubinstein. Those charges were ultimately dropped as it was so obvious that the charges were contrived by all.

50. While KIMBALL was in jail in Tampa, he saw injustice everywhere. He reviewed all kinds of inmates charges and sentences. Some inmates in Morgan Street Federal Jail had been there one to two years just waiting for a trial, while others were waiting months just to see a court appointed attorney. Tampa Federal Jail does not allow visits with wives, children or family where an accused person can even speak face to face with them, never mind touch or hug their children or wives. Court appointed attorneys told their clients to plead guilty even if they, were not, or wanted to go to trial. One person who was obviously totally addicted to drugs was told by the Florida State Prosecutor she would recommend him to go to a drug rehabilitation center and the charges would be dropped by the State of Florida. Federal agents took over the State case and a Tampa judge gave him ten years in prison. Another kid that could not have been over 20 years old received a 25 year sentence from a judge in Tampa for selling drugs. He couldn't even speak English. There is no question that a high percentage of the people in jail were innocent, or dramatically over sentenced under the judicial system in Tampa. KIMBALL started writing stories about the people in jail and the cruel judicial system which defended and sentenced them.

His stories began to be published in small papers. Large newspapers apparently didn't think injustice was newsworthy. After KIMBALL wrote a story about the cruelty of the boat people, he was transferred 100 miles south to La Belle Jail in La Belle, Florida. KIMBALL had written a true story about some fishermen that had been employed by different captains of fishing boats as fisherman all their lives (full story available for viewing on the www.idaho-observer.com). While they were fishing in Ecuadorian waters, a U.S. Coast Guard ship forced entry onto their 90 foot fishing boat and searched it. They allegedly found a small amount of drugs in the kitchen area which none of the fisherman knew anything about, however, they believed the Captain of the fishing boat was aware of the drugs. The Coast Guard took everyone off the fishing boat in handcuffs, opened fire, and sank the fishing boat with over two tons of fish still onboard.

The Coast Guard ship headed for the United States. As the ship entered the Panama Canal, the crew of the fishing boat who were chained during the 2 week trip were hidden from the Panamanian security which boarded the Coast Guard ship. The entire crew was brought to Tampa, Florida for trial. Previous crews were also brought to Tampa, convicted and were sentenced to many years in U.S. prisons. This one fisherman had a wife and 4 children that he had supported all his life working on fishing boats. He had not spoken to his wife since he had signed onto the boat 2 weeks prior to the Coast Guard sinking it. Also, he didn't have any money and had been in Morgan Street Jail for four (4) months and had not even seen a court appointed attorney. He was a very sad and lonesome man as were all the South American fishermen in Tampa Federal Jail. In his story, KIMBALL condemned the employees of the U.S. Government who ordered such acts to take place as this appeared to be, at least, the third fishing boat the Coast Guard had sunk. KIMBALL was told by a multitude of people that the reason the U.S. Coast Guard brought the fishermen through the Panama Canal past Miami all the way to Tampa was because the Eleventh Judicial Circuit was the most corrupt circuit in the United States. Also, that the Middle District, which is in Tampa, was the most corrupt part of the Eleventh Circuit. In Tampa, a conviction was almost a guarantee, innocent or guilty.

51. In his article, KIMBALL related to the acts of the U.S. Coast Guard and the people that ordered such acts as kidnappers, committing piracy and willful destruction of property. Although KIMBALL came to believe "terrorists" would have been a much better description of all the U.S. people involved. This was because the U.S. Coast Guard instilled terror into all the fishermen from Ecuador and the surrounding countries by sinking unarmed boats, removing people from the families and bringing them to a foreign land and imprisoning them.

52. After that article, KIMBALL was moved to La Belle Jail where he was housed as a federal prisoner with state prisoners in the same cell, which in itself is unlawful.

53. While being transported by U.S. Marshals, KIMBALL was placed in the very last space by the rear door of the van. The metal bench seats ran along the side of the van and faced each other. The Marshal driving the van was either crazy, completely stupid or was intentionally trying to hurt KIMBALL. He drove like a madman flooring the accelerator when he took off from a stop light causing KIMBALL to go flying off the rear seat, smashing his left shoulder into the inside metal cage injuring KIMBALL's left shoulder. As there were no seat belts and all the inmates were chained together, others may have been injured also. KIMBALL went crashing into the steel grate three (3) times before a prisoner across the van put his leg all the way across the van against KIMBALL's side of the wall to stop him from flying off the seat. The Marshals in the front could have cared less as they drove from Tampa to Ft. Myers at speeds of 100 mph, weaving in and out of traffic and riding on people's bumpers all the way.

54. La Belle Jail was so filthy that dirt and dust was hanging at least six (6) inches down from the plugged air vents and was additionally hanging off the stairs. KIMBALL had not been sick in years, however, within three days of his arrival at La Belle Jail he was having trouble breathing and could barely speak. As there was no doctor at La Belle on the fifth day, U.S. Marshals came and picked KIMBALL up to return him to Morgan Street Jail allegedly for medical treatment instigated by a former Congressman, Berkley Bedell.

55. KIMBALL was the only passenger in the van on the 100 mile ride back to Morgan Street Jail and was injured again due to the acts of the U.S. Marshals.

56. KIMBALL firmly believes his transfer to La Belle was a direct order from Judge Lazzara and AUSA Rubinstein for writing news articles, as Judge Lazzara has control over the U.S. Marshals. This simply because the coordinator over U.S. Marshals who usually orders all transfers stated KIMBALL should not have been transferred and did not know how he happened to be transferred to La Belle.

57. Upon his return to Morgan Street Jail, the jail started treating KIMBALL and he was getting better when he was again transferred to another jail. However, before they started treating him there, he was transferred again to Coleman-Low Correctional Institute, a federal prison in Coleman, Florida.

58. Upon KIMBALL's arrival at Coleman-Low ("CL") he was met by an unlicensed Physician Assistant ("PA") who took away all of KIMBALL's medications prescribed by licensed medical doctors and told KIMBALL he could not see a doctor for at least 3 months and he would only receive medications authorized in the BOP formulary even though BOP policy states differently. After the meeting with the PA, KIMBALL was placed in solitary confinement, i.e., the hole. The BOP has a fancy name for "the hole", they call it the "Special Housing Unit" (SHU). There was bed space on the prison compound, however, CL placed KIMBALL in the hole anyway. While KIMBALL was in the SHU, the BOP violated just about every federal rule and regulation there is in their treatment of KIMBALL.

59. Once released from the SHU into regular inmate compound housing, KIMBALL ' s breathing and coughing problem became much worse. Even his counselor sent him to medical just after his arrival. CL medical ("CLM") refused to treat KIMBALL either for the serious pain in his neck and shoulder or for his serious breathing and coughing problem. By the end of January, 2001, KIMBALL was coughing around 600 times a day and had very serious problems breathing. Still CLM refused to allow KIMBALL to see a specialist outside the prison or even the unlicensed doctor at CLM. Senator Harkin sent in inquiries about the mistreatment of KIMBALL by the BOP. When the BOP answered Senator Harkin the BOP's response was filled with lies and misleadings.

60. For months the BOP refused to not only treat KIMBALL, CLM refused to allow any doctor to examine him. Senator Harkin sent in more inquiries, with some sent into the BOP ' s headquarters in Washington, D.C. The BOP's responses to the Honorable Senator Harkin were more of the continual lies and misleadings. When a combined inquiry came in from Senator Harkin, Senator Nelson and former Congressman Bedell, KIMBALL was taken to see CLM's alleged licensed medical doctor who turned out to be a person who was not licensed to practice medicine in any state in the United States. However, alleged Dr. Davila ("DAVILA") was employed by the U.S. Government as a medical doctor even though, by law, he could not practice in the community as a medical doctor. If he did he would be arrested for practicing medicine without a license and put into the same prison he presently was practicing at. When KIMBALL was allowed to see Dr. Davila, his breathing had degenerated to using an Elbuterol inhaler to assist his breathing as KIMBALL had been refused antibiotics from CLM for over 6 months even though his personal medical doctor had sent him prescriptions to give to CLM.