UNITES STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
UNITED STATES OF AMERICA OBJECTION
OBJECTION
v. OBJECTION
DANIEL RILEY, Etal. 1:07-cr-189-GZS
COMES NOW, making a special appearance, Daniel Riley, acting in a sovereign
capacity, Sui Juris, not Pro Se repeat not Pro Se representing the fiction DANIEL
RILEY, and makes this motion, prima facie. In no way can this motion be construed to
‘grant jurisdiction over the defendant, because the defendant's counsel still contends no
jurisdiction exist. In no way should this motion be construed to be considered a contract
‘and all rights are reserved at the common law UCC 1-308 and 1-103.6 without prejudice.
1. The defendant makes an objection for the record in regards to this second
unlawful judicial proceedings being held in Portland, Maine. This case is out of Plainfield
‘New Hampshire, therefore the district of New Hampshire.
2. The first proceeding was held on October 26, 2007. This proceeding was a
“secret court date” as described to the defendant by the U.S. Marshals who came to pick
him up at Strafford County Jail. The defendant wasn’t given any prior notice to this secret
court date and resisted the U.S. Marshals, only to be forcibly beaten and taken to the
“secret court date” by force.
3. The defendant has a 6" Amendment Right to be tried in the district and
State where the crime was committed. The defendant will arguc that judicial proceedings
are part of being prosecuted and cannot legally be held in Portland, Maine. The
defendant's 5" Amendment Rights have been violated by the court not given any prior
notice to the October 26, 2007 “Secret court date.”
4. Because the defendant wasn't given any notice he was not prepared for the
secret court date” he lost another month of not being able to represent himself. Another
court appointer attorney was issued contrary to the defendant's demands to represent
himself. Both court appointed attorneys have done absolutely nothing to defend the
defendant. They did not even file one motion of sustenance. ‘The trial is less than a month
away and the court appointed attorneys have yet to tum over discovery material to the
defendant. All these conditions have prejudiced the defendant’s chance of defending
himself in a proper manner.
5, 18 U.S.C. 3232 states:
“Proceedings to be in district and division in which offense committed.”6. The Federal Rules of Criminal Procedure, Rule 18 (Place of Prosecution
and Trial) states:
“Unless a statute or these rules permit otherwise, the government must
prosecute an offense in a district where the offense was committed. The court
must set the place of trial within the district with due regard for the convenience
of the defendant and the witnesses, and the prompt administration of justice.”
7. The demands made against the defendant are alleged out of Plainfield,
New Hampshire in the district of New Hampshire and yet, Judge Singal, in total disregard
for the law and the rights of the defendant, committees judicial misconduct by allowing
the government prosecution to happen unabated in Portland, Maine.
8, The defendant will argue that there is no statute, or anywhere in the rules
that allow for the prosecution to be held outside the State and district where the alleged
‘offense occurred. Judge Singal is bordering on outright usurpation of the U.S.
Constitution. If this unlawful process is allowed to continue, you will be seeing citizens
charged with an offense, in lets say, New York and being tried in Ohio. That is exactly
what is going on here, a total disregard for the rule of law.
9. The defendant will declare that his 5 and 6" Amendment rights are being
violated because the process prescfibed by Congress is not being adhered to, no prior
notice was given in the first court proceeding and the proceedings are being held out of
the State and district were the crime was to have been committed.
10. The defendant will also state for the record that Judge Singal has no
authority to even hold this proceeding due to the lack of jurisdiction (see motion for an
order to show cause) because the alleged offense did not even occur within the territorial
jurisdiction of the United States. No jurisdiction means No authority, therefore the
defendant’s rights to be tried by a court with jurisdiction under the common law.
11 I respectfully request Judge Singal or the United States Attorneys to
declare where they are getting their jurisdiction and authority from! I respectfully request
Judge Singal or the United States Attorneys to explain why they do not have to follow the
law (18 US.C, 3232 and FRCP rule 18) as specified by the People through their
Congress and courts! The defendant was never giver notice as to why and by what
authority the court is using to circumvent (18 U.S.C. 3232 and FRCP rule 18). This case
is derived from Plainfield New Hampshire and the court is holding judicial proceedings
in Portland, Maine, contrary to law.
12. Justice denied anywhere is justice denied everywhere.13. The set of moving the court proceedings to another State and distriet are
‘unconstitutional. The defendant’s supporters, friends and family are deprived of
witnessing the proceedings. The defendant is supposed to have a public prosecution and
trial, The court is depriving the defendant’s part of the public from viewing the
proceedings because they are too far away.
DATED: January 8, 2008
266 County Farm Rd
Dover NH, 03820
All Rights Reserved Without Prejudice
CC; UNITED STATES DISTRICT COURT FOR NEW HAMPSHIRE
AUSA Robert Kinsella
David Bownes
Stanley Norkunas
Paul Garrity