Breaking News: Utah State Supreme Court – Demand for More Definitive Statement & Notice of Misprision of Treason in Barbie & Ken Cromar vs Goliath IRS
Community Support Foundation
PO Box 139
Logan, Utah 84323
BARBIE & KEN CROMAR vs GOLIATH IRS, et al
An “Order of Denial” was received on October 21, 2022 at 5:01 PM, for what we assumed was a response by the Supreme Court justices to our the Application for a Writ of Habeas Corpus and Extraordinary Writ for Injunctive Relief filed on October 4, 2022 on behalf of Barbara and Ken Cromar. However, The ORDER which denied the Cromar’s appeal for Justice provided ZERO response to their 802 pages of facts in Law. Also, upon closer inspection, we recognized that the Order of denial did not specify if it was denying the Motion for Waiver of Filing Fees, or of the Application in toto. Additional judicial confusion and error was apparent by the fact that though the case number on the Order was a Supreme Court case, the caption said “Utah Appellate Court” and had Appeals court judge “signatures.”
The High Court appears to be Playing Games in the HOPE that Barbie & Ken will just Go Away!
Never have so few words (only 29) say so much about judicial failure and Constitutional incompetence of Utah courts. Therefore, it is demanded that the court provide a More Definitive Statement to clarify their Denial. The High court was reminded of foundational SUPREME COURT precedent found the famous case Marbury vs. Madison that the Utah Supreme Court (and ALL courts) are BOUND to the Constitution:
BARBIE & KEN’S LAST TESTIMONY AND DECLARATION OF TREASON
Today at 4:52 PM MST, Barbie & Ken filed a Declaration Affidavit – Demand for a More Definitive Statement and Judicial Notice of Misprision of Treason with the Utah State Supreme Court demanding that the court provide a More Definitive Statement to clarify the reason for their denial.
DENIAL OF MOTION TO WAIVE FILING FEES
Barbie & Ken have consistently and under great duress and protest declared via affidavit their innocence of all claims made against them, taken up in multiple jurisdictions foreign to them. And now at this the 18th court case they have also stated that they continue to invoke the Law of the Land’s Constitutionally fundamental principle of Habeas Corpus, which by its supreme nature cannot be circumvented by requiring any sort of fee beyond that which is required by statute, nor can a “fee requirement” be used to delay or deny the activation of the Habeas Corpus by this, the highest court in the State of Utah, through which Barbie & Ken are pursuing lawful remedy heretofore denied them.
28 U.S. Code § 1914 – District court; filing and miscellaneous fees; rules of court
(a)The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $350, except that on application for a writ of habeas corpus the filing fee shall be $5.
Utah Code Annotated §78A-2-301; Filing fees
There is no listing of a filing fee for an Application for Writ of Habeas Corpus, and it appears the courts generally charge a filing fee under the category of: “Original complaint not otherwise governed by another subsection at a rate of $375.00.”
Charging a filing fee that is 75 times greater than the required $5.00 U.S. Court application fee for a Writ of Habeas Corpus is unconscionable (especially when an Application for a Writ of Habeas Corpus should be free), when fees are multiplied by the separating of cases into two separate filings or resulting in multiple denials. One can easily see that filings fees have become a substantial source of revenue for these For Profit Court Corporations.
Habeas Corpus is
Constitution Law 101
DENIAL OF APPLICATION FOR A WRIT OF HABEAS CORPUS AND THE APPEAL FOR INJUNCTIVE RELIEF
As has been repeatedly stated, the applicant / complainants have filed the Application for a Writ of Habeas Corpus and the Appeal for Injunctive Relief with the Utah State Supreme Court in an attempt to seek justice. The Application has been properly filed “as a Pretrial Application for Habeas Corpus” in a court of original jurisdiction.
The Application is NOT an Application for Interlocutory Appeal and the Matter IS NOT Discretionary.
If the Utah Supremes Won’t Obey the Constitution
They VOID their Own Authority
The Utah Supreme Court has been presented with a lawful APPLICATION, because the inferior Utah courts have not maintained judicial impartiality or equal justice, completely compromising the res defendants opportunity to obtain fair and impartial justice. Instead, the officers of the court demonstrate capacity to prejudicially facilitate ongoing Abusive Prosecution, in the face of fundamental, foundational Constitutional Habeas Corpus rights and privileges lawfully invoked by the defendants in error – Privileges and Immunities are the Law.
United States Constitution Article II, Section 2 – The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
United States Constitution Article 1, Section 9, Clause 2 – The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Utah State Constitution Article I, Section 5. – The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.
78B-6-601. Penalty for wrongful refusal to allow writ of habeas corpus.
$5,000 fine per violation
Any judge, whether acting individually or as a member of a court, who wrongfully and willfully refuses to allow a writ of habeas corpus whenever proper application has been made shall forfeit and pay a sum not exceeding $5,000 (in 1896 value) to the aggrieved party.
Violations to these privileges are subject to personal liability for anyone who interferes, hinders delays or denies a writ of habeas corpus whenever proper application has been made.
78B-6-605. Penalties for wrongful acts of defendant [the 28 government officials named by Cromars as Defendants].
(1) A defendant, officer, or other person is guilty of a class B misdemeanor and liable to the injured party in an amount not to exceed $5,000 if:
(a) the defendant attempts to evade the service of the writ of habeas corpus; or
(b) an officer or other person willfully fails to comply with the legal duties imposed upon him or disobeys an order to release a person in custody.
(2) Any person knowingly aiding in or abetting invalidation of this section is subject to the same punishment and forfeiture.
Barbara and Ken Cromar are unlawfully restrained of their liberty. The restraint against the Cromars is illegal and improper because the court, in their prosecution and under their indictments, have repeatedly failed to properly address lawful jurisdiction.
The Utah Court of Appeals has answered the Application for Writ of Habeas Corpus submitted to the Utah State Supreme Court who failed to properly notify all of the parties named in the Application (Dean Marshall Spencer, the primary Applicant, and the other twenty-eight defendants), which makes the Denial of the Application for Writ of Habeas Corpus an ex-parte communication in this matter. – Another Abuse of Process.
URCP Rule 65B. Extraordinary relief.
(a) Availability of remedy. Where no other plain, speedy and adequate remedy is available, a person may petition the court for extraordinary relief on any of the grounds set forth in paragraph
(b) (involving wrongful restraint on personal liberty), paragraph
(c) (involving the wrongful use of public or corporate authority) or paragraph
(d) (involving the wrongful use of judicial authority, the failure to exercise such authority, and actions by the Board of Pardons and Parole). There shall be no special form of writ. Except for instances governed by Rule 65C, the procedures in this rule shall govern proceedings on all petitions for extraordinary relief. To the extent that this rule does not provide special procedures, proceedings on petitions for extraordinary relief shall be governed by the procedures set forth elsewhere in these rules.
By all of the courts treasonous actions, The Cromars (Petitioners/Applicants) have “no other plain, speedy, and adequate remedy” at law available to them.
“Repugnant” Stinky action Utah’s Highest Court?
WRONGFUL USE OF JUDICIAL AUTHORITY – ABUSE OF PROCESS
Through a long train of abuses and usurpations, the Cromar family has been unlawfully trespassed. They were denied Due Process of Law, with now proven false IRS claims of “so called unpaid federal income taxes” that they did not owe. Stolen from them was their Life, Liberty, Honor, Home and Land, and ability to make a living, — all beginning in a US District Court presided over by a “Chief Judge” who Denied them a Hearing, Refused Motions to Clarify the Claim in Law and the Jurisdiction thereof; let alone a trail, from a man who should have known better.
The actions beginning with Judge Robert J. Shelby, who declared the Cromars to be Frivolous and Abusive Litigants through Judge Christine Johnson to Judge James Brady; the Cromars, now labeled as vexatious litigants, have allegedly been Disabled, Denied Council of their Choice, Provided Coerced Representation by a Public Defender, who has never even spoken to the Cromars and who also has refused and rejected all of the correspondence and mailings from the Cromars.
The Cromars have been Denied Leniency and Remedy through the Wrongful Use of Judicial Authority or a Failure to Comply with Duty. The restrictions placed upon the Cromars have been intentionally used by the courts to ignore, evade, refuse and to reject the Cromar’s Constitutional Common Law Appeals and Remedies, all of which is an Abuse of Process.
Officers of the court continue to ridicule and discount the Cromar’s efforts to present and defend themselves, which puts them in an impossible circumstance, by the members of the judiciary unlawfully playing the role of tyrannical gods, placing inferior courts above the Supreme Court, by usurping powers they don’t have, in order to achieve a predetermined outcome. The Cromar’s In Propria Persona pleadings are to be considered without regard to technicalities, as the Cromars are not professional attorneys or BAR club members.
Utah State Constitution Article VIII, Section 3. – The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States.
All other courts are statue courts, while the Supreme court has original jurisdiction over matters involving Applications for Writ of Habeas Corpus, the remittance back to the Utah Court of Appeals of the Cromar’s Application for Writ of Habeas Corpus constitutes a violation of the Cromar’s privileges and such an act appears to be yet another attempt to subvert justice, under the color of law, since according to Utah State Constitution Article VIII, Sections 1 and 3 show that the Utah State Supreme Court has Original Jurisdiction and the Utah State Court of Appeals lacks jurisdiction because the Appellate Court is a Statute Court.
Once again, Every Effort has been Employed by the Officers and Judges of the Court who have participated in Abuse of Process in the Wrongful Use of Judicial Authority or Failure to Comply With Duty to Obfuscate, Hide, and Conceal Fraud Upon, In and Of the Court.
EXHAUSTING ALL STATE REMEDIES
The Cromars embrace the Law of the Land, which is the organic original Constitutions both national and of this Utah state. The Cromars love the Law. The Law is their friend. And so are all who adhere to their oath of allegiance to the Constitution and to protect them from “enemies foreign and domestic.” The Cromars have identified and named twenty-eight Defendants who have not upheld their Oaths to protect them under the Law of the Land.
The Cromars (Petitioners/Applicants) have “no other plain, speedy, and adequate remedy” at law available to them and now challenge this court to clarify itself, and by doing so demonstrate, if this High Court of the state is indeed a friend of the Constitutions sworn to be upheld and protected by officers of this court.
If the courts are to regard the constitution; and the constitution is superior to any ordinary act of the judiciary; then the constitution, and not such ordinary act, must govern the case to which they both apply.
Because a refusal to grant the Application for Writ of Habeas Corpus and the Appeal for Injunctive Relief would violate federal and state constitutional prohibitions, which require the proof of proper jurisdiction in this matter, the relief requested in their Application for Writ of Habeas Corpus and the Appeal for Injunctive Relief should be granted and all parties involved in the complaints must be required to produce and prove lawful jurisdiction and the validity of their evidence against Barbara and Ken Cromar (See Attachment A), OR the charges, indictments, and the findings of the jury against Barbara and Ken Cromar MUST be dismissed with prejudice.
Absent a response, or should the court rule to deny the Application for Writ of Habeas Corpus and Appeal for Injunctive Relief again, the Petitioners/Applicants accept the Utah State Court of Appeals twice answered Denials, which are deemed to be an exhaustion of all of the State Remedies with proof that there is “no other plain, speedy, and adequate remedy” at law available to them.
In an effort to remove any further delays or impediment to a “speedy” remedy, the Petitioners/Applicants will file an Application for Writ of Habeas Corpus and an Appeal for Injunctive Relief with the U.S. District Court and/or through the UCMJ, while seeking remedy for the following additional charges.
18 U.S. Code § 242 – Deprivation of Rights Under Color of Law
18 U.S. Code § 241 – Conspiracy Against [Privileges, Immunities and] Rights
18 U.S. Code § 2381 – Treason
18 U.S. Code § 2382 – Misprision of Treason
18 U.S. Code § 2384 – Seditious Conspiracy
Therefore, the Plaintiffs/Applicants provide this Official Notice of Misprison of Treason:
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
By so doing, the Plaintiffs/Applicants are absolved of any claim of Misprison of Treason with this Notice and Disclosure.
We the People and filers of the Friend of the Court Brief in defense of Barbie & Ken declare, IT’S TIME FOR THIS CHARADE TO END! and recognized that kangaroo court actions have made VOID all of the claims against Barbie & Ken (a living and breathing man and woman who stand only under God and the Supreme Law of the Land) and that this for-profit CORP court (EIN #87-6000545 & DUNS #009094301) has no lawful jurisdiction over them.
WE ARE PLEASED TO ANNOUNCE THAT CRIMINAL REFERRALS HAVE BEEN SENT TO THE MILITARY (UCMJ) AND PRESIDENT DONALD J. TRUMP THIS EVENING!
The Community Support Foundation continues to publicly acknowledge the TRAVESTY OF INJUSTICE, so grossly displayed in the case against Barbie & Ken and reminds everyone that:
“Together, we stand together with Barbie & Ken, and demand that they be acquitted of any and all claims against them, dismiss this tyrannical case with prejudice, and facilitate a process that will restore them back to their home and property immediately, and reconfirm our nation’s belief that communities are bound together by a common unity in principles, such as the “Principles of Good Business©,” and that “good conduct” is a mandatory requirement by society and the community at large.” – Where there is smoke, there is fire!
May GOD bless us all, at this late hour and keep us safe in the cause of Liberty and Justice for All.
Follow the Barbie & Ken’s’ progress here: www.MiraclesInGodWeTrust.com/BarbieandKenvGoliathlRS/ and more detailed articles at https://www.cedarhillscitizens.org/
Tom Fairbanks
Community Health Advocate
Community Support Foundation
(385) 467-3315
communitysupportfoundation@protonmail.com
Dean, Barbie & Ken, and Tom’s DECLARATION and JUDICIAL NOTICE of Misprision of Treason
Read it for yourself here….
Clink link to PDF here…
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