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

Summary

101. The acts aforestated herein are presented as a summary of events that transpired with KIMBALL and others and are "NOT" representative of the multitude of illegal acts perpetrated by some government employees overall. Many of the specific acts against the BOP are set forth in the United States District Court, Southern District of Mississippi, Western Division as Case Numbers 5:02-cv-156-BrS, 5:02-cv-519-BrS, and 5:02-cv-544-BrS now pending before the Court, for whatever good that will do. Those, along with declarations, affidavits, tape recordings, videos and such are all being held by members of the trusted public to be released upon request, or at their individual discretion.

102. Put forth herein and within records held, is the fact that some government employees consistently violate a multitude of laws and rules which govern them, along with constitutional rights of public citizens in an effort to secure indictments and convictions. These government agents and employees who continually do this are criminals in themselves as they violate the law in their quest for a conviction, and where does it stop? It doesn't, it only perpetuates to out of control. The government agents most assuredly are not going to indict themselves for their violations of law, and they do not. Occasionally, when the person who is the recipient of the government agents illegal acts files a civil suit against the agency and/or the individuals themselves, such as KIMBALL did, the judges find the government agencies along with the individual agents personally immune from such lawsuits. Of course, the government with taxpayers' money supplies the attorneys for these unindicted criminals even when they are individually sued civilly by the public. In KIMBALL's case, the Eleventh Circuit Judges and Appellate Court found neither the government or its agents individually could be sued for their illegal acts. The Supreme Court "refused" to hear the issue.

103. As aforestated, for the most part, BOP proper medical treatment is non-existent. Any person placed in any BOP prison with any serious medical condition or chronic medical problem will be subject to cruel and abusive treatment, torture and in most all cases will be subject to a premature death solely due to the mistreatment of prisoners by their medical department. Most recently the BOP medical staff at Yazoo Federal Prison announced to Kimball and all inmates at Yazoo that they had an antibiotic resistant strain of staph bacteria present in Yazoo prison (also known as MRSA referenced herein in paragraph 18). The medical staff said the outbreak thus far was under 100 inmates infected. As Yazoo houses around 2,000 inmates (which is dramatically overcrowded) that's 5% of the population that has been infected so far. That sounds like an epidemic to Kimball and the numbers keep rising.

This is the first time Kimball had heard of these resistant strains of staph being prevalent outside a hospital environment. There is no question that this MRSA is in the hole at Yazoo because all inmates that have MRSA or suspected of having it are illegally placed in the hole. Notwithstanding Kimball met an inmate who had just come to Yazoo, was placed in the hole immediately who contracted MRSA while in the hole. The BOP as standard operating procedures, places seriously ill patients in the hole in a consistent manner placing their lives in further danger. Kimball recently was seriously ill and was placed in the hole, along with another inmate awaiting an operation, when the BOP knew the MRSA bacteria was present there, further jeopardizing their lives. The BOP deliberately does this knowing it is a violation of their own policy and the Federal Code of Regulations (CFR), notwithstanding cruel and abusive treatment and a violation of human rights.

28 CFR § 541.41(C) and (c)(1) state in pertinent part that the warden MAY NOT refer an inmate for placement in a control unit if he has major physical disabilities as documented with a physical examination. The BOP knows it all the way down to the PA's who admitted it to KIMBALL. Some judges know it and condone it by refusing to even help when they are advised an inmate is dying, notwithstanding judges sentencing first or second time offenders of non-violent crimes with serious medical afflictions into the BOP to be mistreated, tortured and some dying, away from their families. The BOP goes as far as deterring any inmate with a serious medical problem from even going to their medical department for treatment by putting the seriously ill in the hole immediately, which is totally against the laws, rules and regulations. Punishment for even asking for medical treatment is standard operating procedure in the BOP.

The laws, rules and regulations which govern the BOP are nothing more than words on a piece of paper and propaganda for the public as the BOP laughs at them as if they were a joke, knowing they are untouchable by anyone. As in KIMBALL's case, prosecutors consistently lied to judges not only in their written filings with the Court, but in oral argument before the Court. Most judges could care less, even though they know perfectly well, as they were attorney's themselves, that lying before the Court is prohibited under their code of ethics. As in KIMBALL's case, prosecutors deliberately disobeyed court orders, and most judges will do nothing. However, if the accused even appears to disobey a court order he is placed in jail.

As in KIMBALL's case, when the prosecutors knowingly lied to a jury to prejudice them, notwithstanding lying directly against expert testimony presented to the contrary, that's okay too. As in KIMBALL ' s case, when government witnesses and agents committed perjury, including a probation officer, that ' s just fine with many judges also. However, if KIMBALL lied, or any of his witnesses, they would be in contempt of court and more than likely be put in jail. After all, federal Judge Lazzara perceives himself as a DEMIGOD destined for a life of DEMIGODHOOD as he cannot be fired for allegedly doing his job. Judge Lazzara, sitting on his DEMIGOD throne in a devil's black robe, told KIMBALL in Court he was a liar and a millionaire and he was going to make an example of him.

KIMBALL wonders if Judge Lazzara would be willing to take a drug serum test about KIMBALL's case and his own background. KIMBALL thinks not, however, KIMBALL will! Judge Lazzara's prejudice against KIMBALL was revealed long after KIMBALL's imprisonment. In the DOH hearings, Judge Lazzara allowed Bradley Vaughn, KIMBALL's probation officer who allegedly made up and submitted KIMBALL's Pre-Sentencing Report (PSI) to testify against KIMBALL at the hearings. Mr. Vaughn made sure he did not bring the PSI report that his superior signed, as it was full of lies. Both Judge Lazzara and Mr. Vaughn knew that, and that the lies would discredit Vaughn. KIMBALL subpoenaed Mr. Vaughn to testify for KIMBALL's defense so he could prove not only the lies within the PSI report, but the fact that Mr. Vaughn never even wrote the PSI report. Judge Lazzara refused to allow Mr. Vaughn to appear, and issued an order that Vaughn would not comply with KIMBALL ' s subpoena to appear at the hearings.

104. As in KIMBALL's case, the BOP is a very serious farce, violating their own rules, federal codes, constitutional rights, inflicting cruel, abusive and inhumane treatment to inmates hundreds of times a day, everyday. As pointed out herein, the BOP is part of the justice system as are the federal prosecutors, and the OIG. The Justice System herein referred to as The Department of Justice and the Judiciary (DOJJ). The question is: Who are the higher ups who stopped the OIG investigation into the inhumane treatment and serious lack of medical care which causes the needless suffering and death of the inmates in a consistent manner? Surely Katherine Hawk Sawyer would know as she is head of the BOP. And, who stopped the OIG investigation, surely Steve Hunter and Greg Lowther of the OIG know, as do the higher ups in the Department of Justice.

CONCLUSION

105. The American DOJJ is out of control and, in far too many instances, corrupt. The DOJJ has evolved over the years to such heights in power that some of its employees of that department run the country. Not our elected officials and, for the most part, not the President. The DOJJ in recent times makes its own laws and does not abide, at all, by the laws passed by the elected officials who represent the good people of this country. Nor does the DOJJ adhere to the laws set forth by our forefathers when they declared the Bill of Rights and formed the U.S. Constitution, with subsequent amendments.

106. Over the past 30 some odd years, new laws of the land have evolved over the people of the United States under the guise of Precedent Laws. In recent times, even a newer version of laws are taking place under the guise of Intent Laws. Under Precedent Law, the appellate courts and supreme court make the decision as to what the legislature is saying in a law and too many times the courts decisions go against what the legislature wanted and stated for U.S. citizens of our country. The court twists around what the legislature passed on a case by case basis until they have designed it to fit what they want it to say. Once this is accomplished, the law the legislature passed no longer exists for them and the courts only follow the law the appellate courts and supreme court have now formed from previous manipulated decisions. Many of the precedent appellate court decisions go directly against each citizen's constitutional rights and the Bill of Rights and the letter of the law passed.

107. Under intent and intent of the law the appellate courts have yet made another bold step to undermine the form of government our forefathers bestowed upon us, by removing our representatives in the legislature, and the power of the individual vote. Under intent of the law the appellate courts now determine what was in the minds of the legislature when they passed the law in the first place. It appears the appellate courts have now become mind readers designing laws as they see fit, forming a decision based on "their" determination of what's in the minds of the legislators setting up their precedent law for all the courts to follow.

108. For the most part, it appears the courts have eliminated the form of government our forefathers initiated while using our legislative representatives as puppets. Currently, when the House, Senate and President enact a law by and for the people, its only a proposed law subject to change by the appellate courts as they read the minds of all and decipher the wording to their criteria. Representation by the people has all but disappeared.

109. The courts protect themselves by declaring absolute immunity while they are appointed a lifetime job as absolute rulers over the citizens of the United States as they reign over their courtroom. Most are awaiting an appointment to a higher throne on an appellate court so they can design the laws they are supposed to adhere to as federal judges. The judges are absolute rulers in their courtrooms, employed by the Justice System, protect their own with immunity for the prosecuting attorneys. The prosecuting attorneys work with federal judges daily and have the courts pass on the immunity to the government agents. The prosecutors additionally protect all the government agents they work with by refusing to prosecute them when they violate the laws, allegedly in hot pursuit of an alleged criminal. Some judges also respond to protect the government agent when the citizen files a civil suit against the agent due to the fact the prosecutor refused to file criminal charges against the agent for his criminal acts against the citizen. Some judges simply declare the agent immune and the civil suit is dismissed.

110. Some judges and prosecutors go much farther with people employed within the DOJJ such as BOP personnel. It would be fair to say that prosecutors and the OIG investigate and prosecute one person in ten thousand for their continued cruel and abusive treatment of prisoners. Then when convicted the penalties are close to non-existent. Some judges are exceedingly bias if an employee of the DOJ is convicted when it comes to sentencing. A judge will throw away a young mans life, family and children by giving a drug dealer 25 years in prison for a non-violent crime. On the other hand, a guard who beats an inmate almost to death may receive a suspended sentence.

111. What the DOJJ has accomplished in recent years is to create the laws for certain of our U.S. citizens, but not for other certain citizens. You could say equal justice under the law is a myth.

112. The people who control the power in the Justice System are attorneys. Some of the attorneys become judges and some of the judges receive appointments to the appellate courts. However, in the case of KIMBALL and Charles A. Wilson, Wilson never became a federal judge, he was only a magistrate judge who did not receive a lifetime position. Wilson then became a U.S. Prosecuting Attorney and then leaped directly into a lifetime position as an Eleventh Circuit Appellate Court judge by passing the federal judge criteria. It appears to me some very serious strings were pulled for Mr. Wilson, especially when a grand jury agreed to investigate Wilson until it disbanded in 1998.

113. KIMBALL firmly believes that to correct the DOJJ could be accomplished swiftly and very effectively if such desire existed to do so. The very first thing Congress could do, is pass a law immediately which states that if the public was not harmed and suffered no financial loss there is no crime and make the law retroactive up to 20 years. Simply put, NO HARM, NO LOSS, NO CRIME. This would release thousands of inmates and estop the DOJJ from putting the innocent public in prisons on contrived charges. KIMBALL proposes the following concepts for adoption in law:

1. Revise and enforce the perjury laws to clearly state: That anyone who knowingly states untruths before the Federal Court, whether in writing or orally, whether under oath or not, if found guilty, shall be imprisoned for no less than 1 year for each offense to run consecutively. No person shall enjoy immunity from perjury, either criminally nor civilly. This would tend to stop innocent people from being wrongly convicted on contrived charges based upon untruths, which are running ramped in the courtrooms across the United States. Additionally, this would drop the Federal case load by over 50% as it is estimated that well over 50% of the criminal and civil cases now pending before the Federal Court comprise of one or more untruths. Thou shall not bear false witness against thy neighbor should never have been compromised by any court and allowed to evolve to be common practice as it is today.
2. Pass a law which clearly states; that any law in full or in part which contradicts any other law in full or in part shall render such contradictory law in full or in part null and void and unenforceable until such time as the legislature has amended such laws in full or in part not to be contradictory.
3. Pass a law which clearly states, that no Federal employee shall be afforded a lifetime position with the Federal Government and any government employee currently holding such a lifetime position, shall no longer hold such a position as of the enactment of this law.
4. Pass a law which clearly states that Federal judges at all levels must strictly adhere to the constitutional rights of every person. That judges must adhere to the letter of the law set forth within the U.S. Constitution and its amendments and all laws passed by the legislature before any precedent law may be considered. Federal judges may not consider intent of the law unless such intent is specific and clearly spelled out within the law the legislature passed, of, by and for the people of the United States of America. Further at sentencing of any person who has been found guilty by a jury for certain offenses, no judge shall be allowed to enhance the amount of years the person may be imprisoned unless the specific issue that the person is being enhanced for was brought forth before the jury, and found guilty by the jury of the enhancement. Notwithstanding, the enhancement must be specifically alleged within the indictment. Failure for any judge to adhere to the aforestated herein is cause for dismissal, and/or criminal action and/or civil legal action to be taken against them. If civil actions are implemented for violations of this law the Government may provide counsel only to the extent of filing a motion to dismiss as to the civil action being frivolous and the appeal of such, applicable, only should the defendant prevail.
5. Pass a law that clearly states, that no Federal employee is immune from civil legal action for acts that occurred during their employment, if their acts violated the Code of Federal Regulations (CFR) in which the employee was bound to adhere to. Nor is the Federal employee immune from civil legal action for the deprivation of constitutional rights of another person. If civil actions are implemented for violations of this law against any individual employee of the Government, the Government may provide counsel only to the extent of filing a motion to dismiss as to the civil action being frivolous and the appeal of such, applicable only should the defendant prevail.
6. Pass a law which clearly states, that no person shall be prosecuted for a violation of law in which any Government employee participated in or in any way orchestrated. Further, no person shall be prosecuted on the word of another who has been known to give false statements. Nor may any person be prosecuted under conspiracy except in cases of terrorism against the People of the United States of America.

The enactment of the aforestated law would not only release thousands of innocent victims of the DOJJ currently imprisoned, it would take the power away from the DOJJ running the United States by placing the power back in The Hands Of The People, via the Legislature. Additionally, such law enactment would eliminate hundreds, if not thousands of conflicting laws, rules, and regulations, unconstitutional laws, along with misconstrued precedent and intent laws currently being adhered to by the Federal courts across the United States. Foremost such law, re-establishes the public's constitutional rights, while saving the US taxpayers tens of billions of dollars in the process.