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

61. Dr. Davila examined KIMBALL and said his continued coughing was caused by smoking even though CLM's medical records showed that was not so at all. Dr. Davila told KIMBALL he had a lump on the side of his neck that could be cancerous and even had the other alleged doctor, which again was not licensed in the United States to practice medicine, a Dr. Blanco verify the lump on KIMBALL's neck. KIMBALL could not feel any lump, nor could any one else. Dr. Davila stated to KIMBALL that he needed the lump looked at and KIMBALL stated he didn ' t care about the alleged lump, he needed his coughing and breathing problem properly diagnosed. Dr. Davila refused and refused to treat the upper respiratory infection KIMBALL had which was diagnosed by his private medical doctor who had eventually come to visit KIMBALL for a diagnosis at CL. KIMBALL's medical doctor also stated there wasn't any lump on KIMBALL's neck.

62. There is no question alleged Dr. Davila and Dr. Blanco deliberately told KIMBALL a lie about the nonexistent lump on his neck and deliberately refused to treat any of his very serious medical problems. In their charade they even sent KIMBALL out to an outside medical doctor who clearly stated there was no lump on KIMBALL's neck. However, when KIMBALL asked the medical doctor in Leesburg, Florida to diagnose his coughing and very serious breathing problem, the doctor said he could not due to the fact the BOP had not requested it. He was not allowed to do anything medically unless the BOP specifically requests it.

63. KIMBALL, now getting much weaker, knew he was dying and he could do nothing about it. More inquiries came in from Senator Harkin. KIMBALL was advised by counselors and a lieutenant that the Senators can do nothing about the BOP, or the way they treat prisoners. It was only more paperwork and was meaningless to helping me or anyone else. KIMBALL was told straight forward the Senators have No Power over the BOP. In essence these people were telling KIMBALL there is no one that can stop the BOP from doing whatever they want to KIMBALL, to include violating all the laws that govern the BOP and its employees. KIMBALL found out that the counselors and lieutenant were absolutely correct. KIMBALL felt that higher ups in the BOP might know that, however, its got to be common knowledge if the lower echelon of the BOP knew that fact. DUNN was preparing a lawsuit in an attempt to get KIMBALL immediate medical treatment. DUNN filed a restraining order and preliminary injunction against the BOP in federal court in Ocala, Florida to secure emergency medical treatment for KIMBALL. The restraining order and injunction cited the violations of law the BOP was deliberately perpetrating against KIMBALL, the inhumane treatment he was receiving, and the urgency of the matter. The court revealed its prejudice and total non-concern for human rights or even the life of any inmate in prison, by denying the request in one day. Rest assured, if a government attorney filed a motion for a restraining order against a local community doctor for mistreating a government employee, the judge would issue the restraining order in a second. DUNN told KIMBALL there was little to no chance of getting any relief from a federal judge as they only care about what government attorneys request, not what a private attorney requests to protect their client from government atrocities, or even death. The Eleventh Circuit Court of Appeal said the judge was correct because of a procedural error by DUNN, as a procedural error is obviously more important than human life.

64. With added pressure, the BOP finally took KIMBALL to an outside specialist, Dr. Vaught in Leesburg, Florida, to diagnose his coughing and breathing problems. Dr. Vaught told KIMBALL he had two (2) large polyps in his throat causing a blockage of his breathing passage. His voice box, larynx, and vocal cords were enlarged causing additional breathing problems. After learning of KIMBALL ' s past history of no such problems, Dr. Vaught told KIMBALL his continual coughing and lack of treatment were the primary cause of KIMBALL's polyps and enlargements, which was obvious. Dr. Vaught told KIMBALL the test revealed no cancer present, however, a biopsy was a good idea just to make sure. Dr. Vaught also told KIMBALL he had no idea how to correct the enlargements in KIMBALL's throat, but he would start with antibiotics.

65. Even with the specialists recommendations and KIMBALL ' s medical doctor recommending antibiotics, CLM refused to give KIMBALL any. It had been almost seven months without even an antibiotic. It was around this time KIMBALL had a crown fall off of his tooth and had a painful cavity that CLM refused to even look at, never mind repair. KIMBALL was losing weight due to the fact it was so painful to eat.

66. CL became aware of the lawsuit KIMBALL was filing and he was put back into the Hole for the third time on a contrived charge by the BOP. KIMBALL had been warned by many inmates that the BOP retaliated against any inmate that filed lawsuits against them, or inmates they didn ' t like. KIMBALL was placed in the SHU for exchanging legal documents with his attorney at visit which is allowed by law. Additionally, he had written permission to do from the staff at CL and authorization in writing from the Warden. DUNN and KIMBALL had been exchanging legal materials at legal visits for 7 months with total authorization from the BOP, and by law, and the BOP's own policy. When KIMBALL was placed in the SHU, the BOP canceled KIMBALL's attorney visits, family visits, confiscated all KIMBALL medication including his Elbuterol inhaler, and confiscated all his legal documents. Most everything the BOP did to KIMBALL was in violation of the law and the BOP ' s own policies. The BOP refused to allow attorney calls or for KIMBALL to speak to his wife. It is exceedingly difficult to describe the feeling of being put in the hole, the medicines barely sustaining your life taken away and knowing you have an excellent chance of dying by yourself without communication with family or friends.

67. The BOP even restricted KIMBALL from seeing a PA for the first 7 days he was in the hole. This was totally against the law and BOP policy, notwithstanding it was in violation of the law to place KIMBALL in the SHU in such critical medical condition. KIMBALL firmly believes the BOP placed him in the SHU and took away his medications in hopes he would die in the SHU. Senator Harkin, Senator Nelson, and former Congressman Berkley Bedell had done all they could do against the powerful forces of the U.S. Justice Department. KIMBALL believes to this day that he was kept alive by a "Higher Authority" for some other unknown purpose.

68. KIMBALL was finally seen by a PA and given back only one of his medications NOT his elbuterol inhaler. KIMBALL was handcuffed and taken to Lieutenant Lewis, the officer in charge of the SHU. Lt. Lewis explained the facts of life in prison to KIMBALL. Lt. Lewis told KIMBALL he could be put in the hole for 90 days for no reason at all, and be killed. All the BOP had to do was to put a mentally disturbed inmate in the same cell with KIMBALL to kill him and it would be listed as an accidental death. A few days later Lt. Lewis did exactly that, put a mentally disturbed inmate in with KIMBALL; however, his unit team had KIMBALL released from the hole the next day. KIMBALL was informed by inmates who were released from the hole after KIMBALL, that the inmate that was put in the same cell as KIMBALL went crazy and tore up the entire cell and was transferred out of CL.

69. Additionally, while KIMBALL was in the hole, the BOP violated all KIMBALL ' s due process rights; falsified records and found KIMBALL guilty of the charges against him and took 13 days Good Time from KIMBALL. The federal laws, rules and regulations that govern the BOP, which the BOP violated against KIMBALL, exceeded 30 while he was in the hole those 16 days. KIMBALL appealed the findings of CL to the BOP in Atlanta and Washington, D.C. who replied the action taken by the BOP employees was correct. The issue is now before a federal court in Jackson, Mississippi. KIMBALL's counselor, Mr. Upchurch at CL, told KIMBALL his recommendations for punishment were directly ordered from Warden Swope and Captain Evans. Mr. Upchurch also told others the same.

70. With even more outside pressure put upon the BOP by Senator Harkin after KIMBALL ' s placement in the hole, KIMBALL was again taken to Dr. Davila who finally gave in to outside demands for months and prescribed a strong anti-biotic for KIMBALL. KIMBALL got better immediately and within 10 days KIMBALL's cough was all but gone. KIMBALL still had very serious breathing problems and had become so sick he could barely make it up the stairs to his housing unit.

71. CLM took KIMBALL out for an operation which had to be aborted for fear of KIMBALL expiring on the operating table. After KIMBALL woke up from the anesthesia, Dr. Vaught told KIMBALL about the abort and that the time delay by the BOP to okay his operation, the polyps in KIMBALL's throat had increased in size, were huge and overlapping and his breathing passage was just about nonexistent. Dr. Vaught told KIMBALL he had to put in a tracheal tube while he was awake to avoid the chance of KIMBALL dying. KIMBALL agreed, however, the BOP delayed the operation for weeks before KIMBALL was finally taken in for the second operation deliberately placing KIMBALL's life in further danger.

72. KIMBALL learned from people who worked at CLM that the BOP selectively picks who will receive medical treatment and who will not. Serious pain and constant suffering is not a criteria to receive medical treatment, even though the BOP policy and rules governing the BOP say that it is. The BOP policy rules say that an inmate must receive the same medical treatment that the public receives in their community. The blatant refusal of the BOP to even closely adhere to their own policies causes the constant pain and suffering of inmates, while some die under those conditions, as KIMBALL should have. One PA at CL told KIMBALL that inmates at CL die from non-medical treatment while other PA's and officers at CL stated they are ordered not to call medical for medical assistance for an inmate no matter how severe the emergency, unless the inmate is "down". Meaning, on the floor and cannot get up.

73.. KIMBALL learned by experience and speaking with other inmates receiving the same punishment, that select inmates the BOP doesn't like are automatically placed in the hole for punishment for seeking medical treatment when seriously ill, which is against the law. KIMBALL found out from other inmates from different prisons that some prisons automatically put all prisoners in the hole that are seriously ill. Punishment for asking for medical treatment.

74. After KIMBALL was operated upon for the second time, one of KIMBALL's teeth which had a painful cavity for months, which CLM refused to even look at became seriously infected. Untreated, the infection became so serious from neglect the infection got into KIMBALL's bloodstream and nearly immobilized him. He was barely able to walk by himself to CLM which was about 200 feet from his housing unit. The BOP had deliberately refused to even look at KIMBALL's teeth, which caused him to lose 2 teeth, and the life threatening infection.

75. Just after KIMBALL's second operation, while on an antibiotic to address the infection from KIMBALL's teeth that had spread throughout his body, KIMBALL was placed in the hole again on contrived charges by Captain Evans and others at Coleman. The treatment KIMBALL received in the hole for the next 100 some odd days was unbelievable and illegal prior to his being transferred to a prison in Yazoo, Mississippi on totally concocted charges which were totally untrue. Not only were lies told by BOP staff, documents were falsified and KIMBALL's BOP file altered, discovered later by BOP staff who advised KIMBALL. Now under the control of Acting Warden Killian, Captain Evans and Lt. Lewis's treatment and torture of KIMBALL in the hole surpassed his last endeavor there. The violations of BOP rules were outrageous. KIMBALL was placed in a cell without lights then days later was put in a cell with red ants everywhere. At 61 years old, KIMBALL was forced to carry over 100 pound bags while being handcuffed until he collapsed on the stairs. He was forced to sleep on the cement floor when there were a multitude of lower bunk beds available. The BOP was attempting to force KIMBALL to sleep on a top bunk five feet off the cement floor which had no ladder to get up to the top bunk, and no safety rails to stop inmates from falling off. KIMBALL had seen one of his cell mates fall off the top bunk onto the cement floor in the hole. The BOP does not have any bunk beds in the hole with ladders or safety rails as they do in general housing. KIMBALL has seen inmates falling off sinks attempting to get up to the top bunk in the Hole. KIMBALL and others have the names of inmates who seriously injured themselves either attempting to get up to the top bunk or falling off the top bunk in the Hole. With KIMBALL's injuries there wasn't any way he could have climbed on the sink to get up to the 5' high top bunk or would have as there wasn't any safety rail. Yazoo City prison being a higher security punishment prison not only doesn't have guard rails on the top bunks in the Hole, Yazoo doesn't have guard rails on the top bunk in the general inmate housing quarters. KIMBALL has heard a number of reports of inmates constantly falling off the top bunks onto the cement floor being injured. He was placed in cells that only had scalding hot water and then was deprived of clean clothing for over a week at a time. He was totally deprived of medical treatment for extended periods of time, even after the oral surgery was conducted due to the serious infection while KIMBALL was bleeding profusely. KIMBALL had to treat himself for the constant bleeding.

76. KIMBALL was constantly belittled and made fun of by the officers in the hole and refused recreational activities, which is illegal. Even his mail was read by officers in the hole, which is totally illegal and against BOP and federal law. While KIMBALL was in the hole over 100 days, he was given two incident reports of BOP violations, both attorney related alleged legal violations. One was for speaking with his attorney when he was finally granted a 15 minute telephone call to his wife and the call was cut off by the BOP after about 3 minutes of conversation. The other was for an improper legal item in his legal materials authorized and given him by the BOP when it was sent in by an attorney. Both incident reports were eventually retracted, but KIMBALL paid a price for them while in the hole.

77. KIMBALL's legal documents were taken away by the officers. Legal administrative documents were destroyed or shredded. Every attempt possible was made by the BOP to impede KIMBALL from being capable of properly conducting a 10 day DOH telephonic hearing while he was in the hole. The BOP provided KIMBALL the filthy cement floor of one of those strip cells where the inmates had to strip and throw their dirty clothes. Strip cells are illegal in the hole, however, they were used constantly at CL and Yazoo. KIMBALL was forced to eat his lunch and dinner on the floor of the filthy strip cell. All the paper clips holding his paperwork were removed so it was nearly impossible for him to find documents due to the disorganized paperwork. BOP officers refused to allow KIMBALL to take his legal paperwork back to his cell at the end of the telephonic hearing each day to prepare for his examination of witnesses for the next day. The BOP would confiscate his paperwork at the end of each day and give it back at the start of the hearing the next day.

78. KIMBALL was representing DEDI before the administrative court in the third duplicate case as he was tried for. Even through all the abuse, mental and physical, along with the deliberate attempts of the BOP to impede KIMBALL's legal rights in the DOH hearing, KIMBALL secured the documents and testimony during the hearing which proved the aforestated in this declaration of perjury and falsified documents, etc. at his trial and before the grand jury.

79. While KIMBALL was at CL he read transcripts, pre-sentencing investigation reports, and spoke to a multitude of inmates about their convictions and sentences. KIMBALL came to the conclusion that at least 10% of the inmates were actually innocent of any crime. Many often had plead guilty either to protect other members of their family from the threat of an indictment by government agents or government prosecuting attorneys; while others were told by government appointed defense attorneys you can ' t win as the government prosecutors have over a 95% win ratio. They were told they would only receive 25% or less of the normal sentence if they pled guilty even if they were innocent, which some definitely were. KIMBALL had seen records and spoken to inmates that went to trial for the same basic offense as the one that pled guilty in a plea bargain; receiving 10 or 15 years more for the same offense if they went to trial. It was obvious that the vast majority of federal judges punish everyone who even attempts to claim their constitutional right to defend themselves, or is innocent of the prosecutors charges, should they be found guilty incorrectly by a jury in rigged trials across our country. Even the jurors in this day and age, for the most part, believe that if the government acquires an indictment then the person is guilty right from the start. Add to that, the perjury by government agents and perjury from confidential informants bought and paid for by the government with either a reduced sentence or no sentence at all. Almost every inmate KIMBALL interviewed stated that the confidential informants, usually their friends, lied about them to government agents to receive a reduced sentence or no sentence at all. Many of the confidential informants who themselves were accused by agents of wrong doing, fearing long term imprisonment, are enlisted as undercover agents or operatives by government agents for no prosecution at all. The majority then turn around and lie about the people they turn in to the government agents, then lie in testimony if the case goes to trial, to convict the accused so they can acquire a get out of jail card free.

80. In the many interviews with inmates, and reviewing their records, KIMBALL has determined that entrapment and conspiracy are the very worst condoned perpetrations against a person's rights in the justice system to put people in prison. Examples: A government agent approaches a drug addict who never sold a drug in their life. When the addict refuses to sell him the drugs he is using the DEA agent offers the addict, who has little money, 10 times the price that the addict paid for the drug. Needing the money and seeing the huge profit, the addict sells him his drugs and goes to prison for it. Or if the DEA or state agent needs more arrests under his belt, he tells the addict you identify ten more drug addicts for me and I won't arrest you at all. The agent gets the names of ten more addicts who he again offers 10 times the price for their drugs, which of course each accepts and the DEA agent has 10 arrests instead of one. The DEA agent heightens the charges and makes the arrests, not for drug possession which may carry no prison time or very little; the charges now become selling with the intent to distribute or even conspiracy to sell and distribute drugs which may be plea bargained for 3 to 5 years in prison, or if it goes to trial the addict may get 10 to 20 years in prison.