Petition for Writ of Certiorari — Kenneth A. Pruitt, Petitioner v. Joseph R. Biden, Jr., President of the United States, et al.

Supreme Court briefOct 12, 2021

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Kenneth A. Pruitt,

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Supreme Court, U.S.

FILED

OCT 1 2 2021

Joseph Robinette Biden Jr., acting alone, or in concert, in i

purported official capacity; John Forbes Kerry, acting alonlg-OFFICE OF THE CLERK

or in concert, in a purported official capacity; United States

(U.S.) Department of Treasury, acting alone, or in concert;

U.S. Environmental Protection Agency, acting alone, or in

concert; U.S. National Institute of Environmental Health

Sciences; acting alone, or in concert; Michael Regan, head of

EPA; Richard Woychik, head of NEIHS, and Janet Yellen,

head of USDT; Heads of USDT, EPA, and NIEHS unnamed

for 2021 and later due election transition, said heads named

individually in his/her official capacity and when not acting in

his/her official capacity but acting ultra vires, acting either

alone or with unknown and unnamed other persons

improperly causing violations of U.S. domestic law referenced

within 2006 U.S. entry to 2003-31-OCT MERIDA UNITED

NATIONS CONVENTION AGAINST CORRUPTION

(UNCAC) and/or violate UNCAC,

Respondents.

On Petition for a Writ of Certiorari to review denial

by Court of Appeals for the Fifth Circuit

of a colorable constitutional claim

PETITION FOR WRIT OF CERTIORARI

Kenneth A. Pruitt, pro se

Trailer Village RV Park

16580 N. US Hwy 59

Garrison, Texas 75946

(936) 714-3811

kap8063@yahoo. com

1

QUESTION(S) PRESENTED

As used herein, “Respondent Ultra Vires Actor”

(RUVA) means any Respondent, either individual or

agency, not acting within authorized scope of official

capacity of governmental authority but acting ultra

vires, acting either alone or with unknown and

unnamed other persons improperly causing

violations of U.S. domestic law referenced within

2006 U.S. entry to 2003-31-OCT MERIDA UNITED

NATIONS CONVENTION AGAINST

CORRUPTION (UNCAC) and/or violate UNCAC.

As used herein, Paris Climate Accord (PCA) means

“Paris Climate Accord” and is also called “Paris

Climate Agreement”, “Paris Agreement”, “Paris

Accord”, or “Accord du Paris” in references cited in

for Petitioner’s Complaint (ROA 1).

Question One: Can Counsel for Respondent

U.S. Government defend or assist RUVA for

ultra vires acts outside scope of government

authority, when RUVA has not filed any denial

of corrupt acts alleged by this case?

Petitioner’s Complaint (ROA 1) and many other

papers complain that RUVA’s own published

statements of plans to act, and actions, prove misuse

of influence, fraud and bribery and thus are corrupt

or violate UNCAC standards.

Petitioner placed, on April 12, before the District

Court outcome determinative questions of law

regarding RUVA and their PCA statements.

Petitioner requested decision or certification to the

11

Fifth Circuit Court of Appeals of said questions of

law.

Counsel for Respondent Government filed motions

for extension, stay and dismissals.

RUVA has failed, either pro se or by non-government

counsel, to file any denial of corrupt acts alleged by

this case.

Petitioner asks this Supreme Court to decide if

Counsel for Respondent U.S. Government can defend

or assist RUVA for ultra vires acts outside scope of

government authority, especially in this case, where

RUVA has not filed any denial of corrupt acts

alleged by this case and said counsel risks conflict or

breach of duty.

Question Two: Can RUVA fail or refuse to

enter denial of corrupt acts outside scope of

government authority or fail to answer or file

other responsive pleading, either pro se or by

non-government counsel, and not be in

default?

Petitioner asks this Supreme Court to decide if

RUVA are in default. Why should RUVA be excused

from basic default many months after failure to file

any denials or any other responsive pleading before

lapse of FRCP 12 shortened twenty-one (21) day

period for reply by non-government persons and

after multiple motions by Petitioner for declaratory

and default judgment?

Ill

Question Three: Given 28 USC 636(b)(1)(A) has

express delegation limit on District Court’s

delegation to a Magistrate Judge:

“except for injunctive relief...”

does 28 USC 636(b)(1)(A) limit scope of

assignment of administrative authority to

Magistrate Judge in a manner to prevent

delays of injunctive relief, causing de facto

denial thereof?

Petitioner complained to CA5 that delays by

Magistrate Judge’s extension and stay caused de

facto denial of timely injunctive relief even though

636(b)(1)(B) allows creation by Magistrate Judge of

proposed findings of fact and recommendations.

Petitioner asks this Supreme Court to decide if CA5

made error of law by not granting Petitioner relief

when District Court Judge made error of law, in case

where injunctive relief is essential for protection.

Petitioner complained to CA5 about delegation by

District Court of broad case administration to

Magistrate Judge in manner which allowed

Magistrate Judge to withhold injunctive relief by

extension and stay.

Question Four: Does 636(b)(1)(B) allow

District Court Judge to accept Magistrate

Judge’s proposed findings of fact and

recommendations and then deny Petitioner’s

injunctive relief when neither District Court

Judge nor Magistrate answered outcome

determinative questions of law presented by

Petitioner that set boundary between

IV

authorized acts versus ultra vires acts of

RUVA?

Questions of law presented by Petitioner for

protection of his property interests were specific to

RUVA’s violation of Constitution Article II Section 2

- lack of advice, consent and two-thirds Senate

approval required for treaty formation or change and thus were outcome determinative in context of

Paris Climate Accord (PCA) related ultra vires acts.

Petitioner complained to CA5 that District Court

Judge made error of law by denying Petitioner

injunctive relief to restrain RUVA actions outside

scope of authority without answering Petitionersubmitted outcome determinative questions of law

that set boundary between authorized acts versus

ultra vires acts of RUVA.

Petitioner asks this Supreme Court to decide if CA5

made error of law by denying Petitioner injunctive

relief to restrain RUVA actions outside scope of

authority without answering Petitioner-submitted

outcome determinative questions of law that set

boundary between authorized acts versus ultra vires

acts of RUVA.

Petitioner asks this Supreme Court to now decide

those PCA related questions of law presented by

Petitioner.

Question Five: Can Clerk(s) unilaterally deny

access to Justices of this Supreme Court for

judicial decision as to whether this Court has

V

original jurisdiction pursuant to Constitution

Article III, Section 2:

“In all cases affecting ambassadors, other

public ministers and consuls, and those

in which a state shall be party, the

Supreme Court shall have original

jurisdiction.”?

Petition submits that neither Respondent Kerry, nor

Biden, nor any other RUVA, can deny their own

Exhibit 5 statements posted on White House and

Department of State websites or RUVA video

releases.

Petitioner asks this Supreme Court to decide if

denial by Clerk(s) for access to justice from this

Court is error of law in this case:

(i) because this case is specific to and affects

Respondent Kerry in his role as Special Envoy for

Climate which is clearly within Article III, Section 2:

“all cases affecting ambassadors, other

public ministers and consuls>

(ii) neither Respondent Kerry, nor Biden, nor any

other RUVA have entered denials or objections, not

even appearance, either pro-se or by non-government

counsel,

Question Six: Can Clerk(s) of Fifth Circuit

(CA5) and Clerk(s) of this Supreme Court

unilaterally deny access to judges for judicial

decision of serious constitutional questions?

VI

Clerk(s) of this Supreme Court have previously

returned to Petitioner his check for filing fee and

each Petition for Writ of Certiorari filings prior to

this one, Each filing complained of ‘de facto decision’

by delay and harm caused by delay. Prior to this

Petition, Petition could not attach Rule 14 paper

decision yet only point to loss of rights and harms by

de facto decision(s) by delay.

Petitioner asks this Supreme Court to decide if said

Clerks’ unilateral denial of access to Judges/Justices,

without senior Court review, overrules longstanding

CA5 principles of U.S. v. Woods 295 F 2nd 772 (CA5

1961) that 28 USC 1291 does not require final

order before appeal in all cases, to wit:

“The denial of the restraining order is thus

equivalent to the dismissal of the [claim] of

the complaint on the ground that it does

not state a claim upon which the requested

injunctive relief can be granted. To then

call this de facto dismissal a

nonannealable interlocutory order is

to preclude review altogether. As a

practical matter, then, it is clear that the

denial of the restraining order is a

final disposition Tof claimed right]”

“On the basis of these cases, we [Fifth

Circuit] feel that the Supreme Court

has approved a practical construction

of section 1291 and that an order,

otherwise nonappealable, determining

substantial rights of the parties which

will be irreparably lost if review is

delayed until final judgment may be

Vll

appealed immediately under section

1291.”

“We [Fifth Circuit], therefore,

determine the denial of the temporary

restraining order to be a final

decision, appealable under 28 USCA

1291.”

Petitioner contend rights to protection are lost if

review(s) are delayed unreasonably causing ‘de facto

decision in favor other party’ by preventing relief.

Petitioner thus asks this Supreme Court to decide if

said Clerks’ unilateral multiple denials of access to

justice in this case are also inconsistent with Ninth

Circuit principles of Religious Tech. Ctr. v. Scott,

869 F.2d 1306, 1308 (9th Cir. 1989) finding as

appealable an Order denying a TRO after a nonevidentiary adversary hearing because:

“The futility of any further hearing was... patent.”

Petitioner thus asks this Supreme Court to decide if

there is a split of‘de facto’ principles in the Circuits,

such as Woods supra and Religious Tech. Ctr. supra

and address how ‘de facto’ decisions denying

protection are avoided.

Question Seven: Does unreasonable delay

‘deny any judicial forum for a colorable

constitutional claim’ present a serious

constitutional question’?

After Supreme Court Clerks’ return of papers with

refusal to file for lack of jurisdiction, Petitioner at

May 14 attempted to file again and asserted to

Vlll

Clerks of this Court that Supreme Court jurisdiction

was proper for four (4) reasons:

(1) original jurisdiction via Article III, Section 2,

(2) 28 USC 28 USC §2101(e) certiorari is

proper anytime before judgment

“(e) An application to the Supreme Court

for a writ of certiorari to review a case before

judgment has been rendered in the court of

appeals may be made at any time before

judgment”.

(3) Congress’ “access prohibition statutes/rules”

are unconstitutional (for example, 28 USC §1254

and 1257 and Rule 14 applied by Clerks to deny

access) if applied to bar citizen access to the

Supreme Court when lower courts fail to timely

hear urgent, emergency matters and rights are

damaged or lost (as happened in this case) and

(4) refusal to consider a Petition is itself a

violation by the Supreme Court, its staff and

associated government Respondents,

(i) of USA domestic law referenced within 2006

USA entry to UNCAC and

(ii) of UNCAC, because refusal is hard evidence

that USA does not have adequate laws providing

adequate access to justice complying with

UNCAC.

The above (4) is complex. Courts below failed to

address. Government Respondent U.S. represented

IX

to the World in 2006 that U.S. has adequate laws

providing adequate access to justice complying with

UNCAC.

Petitioner asks this Supreme Court to decide:

(a) if Government Counsel motions for extension,

stay and dismissal - in they were manner made enabled RUVA to continue ultra vires acts which are

corrupt?

(b) if Clerks’ unilateral denial of access to

Judges/Justices to seek quick protection before

corrupt acts occur also enabled RUVA to continue

ultra vires acts which are corrupt?

(c) if Courts’ refusal to answer Petitioner-submitted

outcome determinative questions of law that set

boundary between authorized acts versus ultra vires

acts of RUVA in regard to PCA also enabled RUVA

to continue ultra vires acts which are corrupt?

(d) do any of (a) or (b) or (c) prove that U.S. does not

now have in 2021 adequate laws preventing

corruption that comply with UNCAC as U.S. did at

2006 UNCAC entry?

A particularly egregious example is CA5 Clerk

refusing to take action, without conference, on

Petitioner’s September 20 and 27 motion for

clarification and supplement regarding CA5’s

dismissal of case based on motion by counsel for

Respondent Government.

X

Petitioner stated in motion for reinstatement that

conference of all is impossible or impractical since

(i) Petitioner can only confer with Counsel for

Respondent Government who cannot represent

RUVA acting ultra vires, plus

(ii) RUVA acting ultra vires, after six plus months,

has never appeared pro se or by non-government

counsel or filed denial of corrupt acts or other

responsive pleading.

Petitioner asks this Supreme Court to decide:

(a) if the Courts and Government Counsel must

remain independent of ultra vires actors found

within Executive Branch for U.S. to keep a UNCAC

compliant legal system?

(b) if Government Counsel must owe its solemn duty

and respect of privilege to Respondent Government

of the people, as its client, not individual ultra vires

actors found within Executive Branch?

Petitioner petitions this Supreme Court to decide,

before RUVA putative representations of

commitments at October 31 start of UN Glascow

climate conference of partes, if this Supreme Court

will grant urgent injunctive relief to protect against

RUVA false representations regarding purported

U.S. commitments related to PCA for

(w) binding U.S. emissions reduction,

(x) payments by U.S. to developing countries,

XI

(y) taxation of U.S. activities and products, and

. (z) U.S. taking, value destruction, or waste of

Federal property and private property such as

Petitioner’s mineral interest without due process

and compensation,

all until further action by this Supreme Court

regarding RUVA compliance with Article II, Section

2 treaty advice, consent and two-thirds approval by

U.S. Senate.

Question Eight: Confirm that, in view

Petitioner’s Complaint and this Petition, that

this Court is not rendering an ‘advisory

opinion’ but instead, this Court is answering

questions of law to set injunctive relief

boundary between permitted scope of

Respondents’ conduct and ultra vires conduct

which is prohibited? Those questions are:

Question 1: Is Paris Climate Agreement (PCA) a

binding, enforceable treaty under USA Constitution?

First sublevel Question(s) of law for the Court

depending on answer to Question 1:

(l.a.) If PCA is a treaty binding USA to reduce

emissions, then how can Respondent Biden

unilaterally “return the United States to the Paris

Agreement” [public statement, White House Press

release] without advice, consent and 2/3’s vote of

approval of the USA Senate as required USA

Constitution?

Xll

(l.b.) If PCA is a treaty binding USA to

reduce emissions, then how can Respondent Biden

(and other Respondents) [public statement, White

House Press release] unilaterally change a USA

treaty “2030 emissions target as its new Nationally

Determined Contribution under the Paris Agreement

“ without advice, consent and 2/3’s vote of approval of

the USA Senate as required USA Constitution?

(l.c.) If PCA is not a treaty binding USA to

reduce emissions and Respondents fail to tell the

World that PCA is not binding on USA, do

Respondents commit misuse of influence or fraud by

purporting USA [public statement, White House

Press release] “ also will contribute”, versus may try

or may seek Legislative approval to commit?

Question 2: Does PCA unconditionally bind all other

countries/signatories to PCA to comply with

emissions reductions of their IDNC (Individually

Determined National Commitments) attachments to

PCA or do INDCs contain conditions to/exceptions for

performance? thus being “sometimes binding,

sometimes not?”

Question 3: Does PCA provide Executive Branch

Respondents with Constitutional valid authority to

unilaterally cause abandonment or waste of private

or State owned fossil fuel assets (not Federally

owned assets) without due process and

compensation?

Question 4: If PCA and INDC are not binding on

USA or developing countries, nor enforceable as a

treaty, but instead are terminable or capable of

Xlll

revision by later administrations, do Executive

Branch Respondent person(s) mislead public when

asserting that PCA will commit USA or developing

countries to reducing emissions?

(i) by representing to the public that signing

PCA is a “return the United States to the Paris

Agreement”, when such is not a treaty commitment

on emissions reductions?

(ii) in spending or transferring monies related

to PCA activities without express Congressional

approval?

(iii) is activity 4.(i) or 4.(ii) an egregious act of

fraud, bribery or misuse of influence when signor or

key climate advisor to signor also voted for 1997 S.

Res. 98 prohibiting USA entry (then or now

thereafter) to class of agreement within which PCA

would fall if binding (i.e. mandate USA entities or

persons to limit or reduce greenhouse gas emissions

while developing countries do not or cause serious

harm to USA economy) without Senate approval?

XIV

TABLE OF CONTENTS

Question(s) Presented

1

Table of Contents

xiv

Table of Authorities

xvi

Introduction

1

Opinions Below

2

Jurisdiction

2

Constitutional and Statutory Provisions

19

Statement of the Case

24

Reasons for Granting this Petition

29

Conclusion

34

APPENDIX:

Exhibit 1: June 15, CA5 three-judge panel order

denying Petitioner’s emergency motion.................. A1

Exhibit 2: September 13, CA5 three-judge panel

order which granted motion to dismiss for lack of

jurisdiction filed by Respondent Government’s

counsel and denied Petitioner’s motion for a

restraining order........................................................... A2

Exhibit 3: 1997 Senate Resolution 98 (with ‘yea’

votes by Biden and by Kerry)................................

A3

XV

Exhibit 4: Principles of Ethical Conduct for

Government Officers and Employee.............

A9

Exhibit 5: Adjudicative Facts for which Petitioner

requests Rule 201(c)(2) Judicial Notice

A12

Exhibit 6: (Draft) ORDER FOR INJUNCTIVE

RELIEF ..............................................................

A19

XVI

TABLE OF AUTHORITIES

Constitutional Provisions

Article I, Section 7

Article II, Section 2

Article III, Section 2

First Amendment

Fifth Amendment

Fourteenth Amendment

Treaties and International Arrangements

1992 United Nations Framework Convention on

Climate Change (UNFCCC)

2003-31-OCT MERIDA UN CONVENTION

AGAINST CORRUPTION (UNCAC)

Paris Climate Accord, including ~ 195

(Intended) Nationally Determined

Contributions (PCA)

Statutes/Rules (including those cited in Complaint)

5 U.S.C. 556

5 U.S.C. 557

5 U.S.C. §702

5 U.S.C. § 706(2)(A)-(D)

8 U.S.C. § 1346

28 U.S.C. § 636(b)(1)(A) and (B)

28 U.S.C .§1254(1)

28 U.S.C.§ 1291

28 U.S.C. § 1331

28 U.S.C. §1361

28 U.S.C. § 1391(b)(2), (e)(1)(B) (e)(2)(C)

28 U.S.C. § 1402(b)

28 U.S.C. § 1651 (a) (b)

28 U.S.C. § 2201, 2202

41 U.S.C. §7101

XVII

Federal Rules of Civil Procedure 12, 25, 57

Federal Rule of Appellant Procedure 5, 27

Cases (including those cited in Complaint)

California Democratic Party v. Jones,

530 U.S. 567 (2000)

Canadian Transp. Co. v. United States,

663 F. 2d 1081 (CADC 1980)

Elrod v. Burns,

427 U.S. 347 (1976)

Foster & Elam v. Neilson,

27 US (2 Pet.) 253 (1829)

Mannington Mills, Inc. v. Congoleum Corp.,

595 F. 2d 1287 (CA3 1979)

Medellin v Texas

552 U.S. 491 (2008)

Religious Tech. Ctr. v. Scott

869 F.2d 1306, 1308 (9th Cir. 1989)

United States v. Emuegbunam,

268 F. 3d 377 (CA6 2001)

United States v. Jimenez-Nava,

243 F. 3d 192 (CA5 2001)

United States v. Li,

206 F. 3d 56 (CAl 2000)

United States v. Woods

295 F 2nd 772 (CA5 1961)

Webster v Doe

486 U.S. 592, 603 (1988)

Youngstown Sheet & Tube Co. v. Sawyer,

343 U. S. 579 (1952)

US Senate Records

Senate Resolution (S. Res. 98). Exhibit 3

https://www.congress.gov/bill/105thcongress/senate-resolution/98

XV111

Government Publications

Exhibit 4

Principles of Ethical Conduct for

Government Officers and Employees.

Judicial notice of adjudicative fact

Rule 201, Federal Rule of Evidence at 201 (a)

governs judicial notice of an adjudicative fact and (b)

fact that can be accurately and readily determined

from sources whose accuracy cannot reasonably be

questioned.

Rule 201(c)(2) requires that the Court “must take

judicial notice if a party requests it and the court is

supplied with the necessary information”.

-1 PETITION FOR WRIT OF CERTIORARI AND

JURISDICTION FOR THIS PETITION

Petitioner Kenneth A. Pruitt, pro se, respectfully

petitions for writ of certiorari to review the judgment

of the United States Court of Appeals for the Fifth

Circuit (CA5) in this case. For brevity, all dates

herein are 2021 unless otherwise noted.

At June 15, a three-judge CA5 panel order denied

Petitioner’s emergency motion.

At September 13, a three-judge CA5 panel order

granted motion to dismiss for lack of jurisdiction

filed by Respondent Government’s counsel (as for

one “Appellee’s” motion singular possessive) and also

denied Petitioner’s motion for a restraining order.

The orders of CA5 are attached as Exhibit 1 and 2.

This Court’s jurisdiction rests in part on 28 U.S.C

1254(1). Other jurisdiction foundations are below.

Petitioner filed timely motions with CA5 for

clarification (September 20 and 27) and

reinstatement (October 4). Clerk CA5 gave

September 29 notice that no action will be taken on

motions for clarification without conference.

Petitioner responded conference with ultra vires

actors not filing answers or appearances should not

be required.

Electronic record system (PACER) shows case below

(CA5 No. 21-40310) as ‘terminated’.

-2Kenneth A. Pruitt pro se respectfully petitions for a

writ of certiorari for review of decision of United

States Court of Appeals for the Fifth Circuit (CA5).

OPINIONS BELOW

At June 15 (Exhibit 1), CA5 denied Petitioner’s

motion for emergency order.

At September 13 (Exhibit 2), CA5

(a) granted motion to dismiss for lack of jurisdiction

filed by Respondent Government’s counsel

(‘Appellee’s” singular possessive) and

(b) denied Petitioner’s motion for a restraining order.

In Motions for Clarification and Supplement and for

Reinstatement, Petitioner contended that

‘Respondent Government’ is not same as

‘Respondent(s) ultra vires’ who act outside scope of

governmental authority. CA5 Clerk gave notice that

no action would be taken without FRCP 27

conference. Petitioner contended conference is not

possible since RUVA have not filed answers or

entered other appearance.

Petitioner’s Case below (CA5 No. 21-40310) is shown

as ‘terminated’ in PACER system.

JURISDICTION

A. Jurisdiction for this Petition for Writ of

Certiorari

1) This Court’s original jurisdiction rests on

Article III Section 2:

-3“all cases affecting ambassadors, other

public ministers and consuls”

Petitioner asks this Court find specific portion of this

case affects Respondent Kerry in his role as Special

Envoy for Climate which is clearly within Article III,

Section 2 scope. Petitioner’s CA5 Brief also stated.

2) This Court’s jurisdiction can alternatively

rest on 28 U.S.C. § 1254(1). It provides:

“Cases in the courts of appeals may be

reviewed by the Supreme Court... 1) By writ

of certiorari granted upon the petition of any

party to any civil or criminal case, before or

after rendition of judgment or decree”.

Petitioner’s Complaint and CA5 Brief also stated.

3) This Court’s jurisdiction alternatively rests

on 28 U.S.C. § 1651 (a) or (b) “all writs” original

jurisdiction. They provide, as stated in Petitioner’s

January Complaint:

(a) [t]he Supreme Court and all courts

established by Act of Congress may issue all

writs necessary or appropriate in aid of their

respective jurisdictions and agreeable to the

usages and principles of law, which would

include quo warranto, and

(b) [a]n alternative writ or rule nisi may be

issued by a justice or judge of a court which

has jurisdiction. [See also Petitioner’s

Complaint and CA5 Appeal Brief, page 20,

para 16 and 20.]

-4Petitioner asks this Court find that the law of the

Fifth Circuit is as stated in U.S. v Woods supra. In

Woods supra, District Court delay caused de facto

decision against injunctive relief resulting in harm

without protection, loss of rights and damages.

At time of Woods supra, Government’s position taken

was that:

“In the alternative, if the order is not

appealable, the Government insists that this

Court has jurisdiction of [its] petition for

injunction under the all-writs statute, 28

USCA 1651.”

Petitioner asks this Court find that now, when

‘Plaintiff/Defendant’ roles are reversed, it is unjust

for Respondent Government to argue strict, and

unfair, procedures enable dismissal of Respondent

Government, and RUVA as well, even though

Counsel for Respondent Government cannot

represent RUVA and RUVA have not answered.

4) This Court’s jurisdiction rests on firm

foundation right to First Amendment petition

the government for redress of grievances,

especially for taking or damaging of Petitioner’s

property interest without due process or

compensation.

Denial of any judicial forum by courts below for

colorable constitutional claims presents a serious

constitutional question, Webster v Doe supra.

U.S. citizens are entitled to clear foundation turf of

Constitutional protection, not hazy mist of political

short-cuts.

-5U.S. greatness is based on check-balance where

elected Senators must render advice, consent and

two-thirds vote of approval to climate treaties and

causing fundamental shifts in U.S. economic

structures and taking of, or damaging values of,

private property as well as waste of Federal

property.

Petitioner asks Supreme Court to look at the

iceberg, not deck chair arrangement procedures.

Petitioner asserts the Ship of State is pirated

by RUVA toward climate-economic iceberg.

Ultra vires pirating will result in serious harm

to the U.S. economy, and unfair, associated,

taking or value damaging of Petitioner’s (and

others’) property interest without due process or

compensation and without equal protection.

Taking(s) and value damaging(s) are not required of

developing countries by PCA. See Exhibit 3.

Court Clerks and Counsel for Respondent

Government push back, and delay, away from true

answers to Petitioner’s questions of law about PCA.

Answers to those point to basics of what is pirating

and what is not.

Improper push back that denies path to truth

is akin to ship officer telling passenger

Petitioner:

“don’t point to iceberg and don’t

complain of iceberg risk now;

-6all deck chairs must first be arranged

per strict procedures of the Titanic,

come back when desk chairs are

arranged.”

It is dangerous to disregard merits of

substance of Petitioner’s Complaint by

applying deck chair arrangement procedures

important for typical commercial disputes

between two fighting commercial parties.

In this case, one key party - Respondent

Government (and its counsel) - should seek the

truth of boundaries and prevent corrupt acts,

not push away from finding the truth.

Substantive over form is critical for Peoples’

petitions to the government for a redress of

grievances.

Substance over form is most critical for matters of

climate impact on life and death, or great risk

to USA economy, or massive risk of waste or

looting of National Treasury and private assets

Petitioner’s Complaint sets out substantial

constitutional questions about RUVA’s misuse of

influence, fraud and bribery and alleges they cause

both

(a) non-binding commitments for climate

concerns, when instead binding commitments ensure

fairness and protection and

(b) diversions from, and shortfalls in, proper

local U.S. pollution reduction actions, harming

Petitioner and others.

• 7Item (b) is akin to airline guidance that, in an

emergency, a passenger must first put on their own

oxygen mask before assisting others. It is harsh,

and seemingly contrary to desire to help others, but

one must help themselves first to later be able to

help others.

The First Amendment, standing alone, must provide

access to this Supreme Court to address peoples’

petitions to the government for a redress of

grievances to address colorable constitutional claims.

5) This Court’s jurisdiction alternatively rests

on need to correct error of law and judicial

procedure regarding 28 USC 636(b)(1)(B)

‘findings of fact and recommendations’.

In April 12 Motion for Declaratory Judgment

and Notice of Appeal, Plaintiff-Appellant set out

questions of law for decision by the District Court

below or certification to the Appeals Court to decide.

Neither Magistrate Judge nor the District

Court decided those questions [which are same

Questions 1-4 of Question Eight to this Supreme

Court].

Without deciding those questions, their 28

USC 636(b)(1)(B) ‘findings of fact and

recommendations’ are meaningless.

That is, neither Magistrate Judge nor the

District Court determined the boundary between

permissible conduct and ultra vires conduct, nor

applied law to facts.

Judicial notice has been requested of facts of

Respondents’ own words, their own public

statements in press releases which Respondents

RUVA or Government Respondent have never

-8denied. Instead, they only sought procedural escape.

RUVA acting ultra vires, outside scope of their

government authority, are in default.

Petitioner’s questions of law must be decided

now by this Supreme Court to ascertain scope of

restraint of RUVA acting ultra vires, outside scope of

their government authority.

6) This Court’s jurisdiction alternatively rests

on need to correct error of law and judicial

procedure regarding 28 USC 636(b)(1)(A) and

(B) ‘findings of fact and recommendations’.

USC 636(b)(1)(A) excludes ‘motion for

injunctive relief from delegation to a magistrate

judge, to wit:

(A) a judge may designate a magistrate judge to

hear and determine any pre-trial matter pending

before the court, except a motion of injunctive

relief...

28 USC 636(b)(1)(B) enables a judge to

“designate a magistrate judge to conduct

hearings, including evidentiary hearings, and

submit to a judge of the court proposed findings of

fact and recommendations for the disposition”

even for motions excepted by 28 USC 636(b)(1)(A).

However, neither 28 USC 636(b)(1)(A) or (B)

give the judge authority to refer to magistrate judge

all pre-trial management in a manner which caused

extensions of time or stays (‘de facto decisions by

delays’) that are outcome determinative for

-9injunction relief and have effect of denying protection

for interim harm that can occur and did occurred.

In District Court below, District Judge [Clark]

issued “Order [dated September 17] Adopting Report

and Recommendation of United States Magistrate

Judge [Hawthorn]” and denying Petitioner’s “Motion

for Temporary Restraining Order and Iniunctive or

Declaratory Relief’. [Record below 50].

Said District Court Order recites:

“On January 19, 2021, the court referred this case

to the Honorable Zack Hawthorn United States

Magistrate Judge for pre-trial management.

Said District Court Order proves error of law

issues which Petitioner requested CA5 to address in

motions for clarification and restatement. This

Supreme Court must now address.

The Magistrate Judge issued extensions of

time and stay for Government Respondent.

28 USC 636(b)(1)(A) clearly excludes and

denies administrative authority that impacts

injunctive relief even though 636(b)(1)(B) allows

creation by magistrate judge of proposed findings of

fact and recommendations.

It is clear 636(b)(1)(A) and (B) do not give

magistrate judge authority to delay injunctive relief

by extensions and stay, especially in view of

multiple pleas for protection by injunctive relief

- 10 7) Jurisdiction of this Court rests alternatively

on 28 U.S. Code § 1361 action to compel an

officer of the United States to perform his

duty. This Court has jurisdiction of any action in

the nature of mandamus to compel an officer or

employee of the United States or any agency thereof

to perform a duty owed to Petitioner.

Petitioner asks this Supreme Court

(consistent with request in Complaint to Courts

below based on equal protection) for quo warranto or

rule nisi action to resolve a dispute over whether

Biden has the legal right to remain in and hold the

public office of President based on his fraudulent,

knowing misrepresentations of fact about putative

PCA, thus corrupt, and promises to voters to re­

enter the PCA, knowing PCA both (i) violated

Senate Res. 98 for which Biden and Kerry voted

‘yea’ for in 1997 and (ii) is non-binding, nonenforceable and non-enduring, thus committing

misuse of influence to promise voters a re-entry to

PCA in exchange for a vote, then sign PCA on day of

Inauguration knowing it could not be binding for

many reasons.

B. Jurisdiction over Subject Matter of this

Petition

For sake of brevity,

(a) Petitioner incorporates by reference ROAl

Petitioner’s Complaint which details Jurisdiction of

courts below and this Court, as well as Venue and

Standing and

(b) Petitioner highlights the following:

»11 1. Petitioner’s case provides this Supreme Court

with jurisdiction to determine for PCA that which is

hard to believe:

“It is hard to believe that the United States

would enter into treaties that are sometimes

enforceable and sometimes not. Such a treaty

would be the equivalent of writing a blank

check to the judiciary. Senators could never be

quite sure what the treaties on which they

were voting meant. Only a judge could say for

sure and only at some future date.

“To read a treaty so that it sometimes has the

effect of domestic law and sometimes does not

is tantamount to vesting with the judiciary the

power not only to interpret but also to create

the law.”

Above quotes are of Chief Justice Roberts’ in

Medellin v. Texas 552 U.S. 491 (2008) at 510, 511.

2.

Petitioner does not ask the Court to decide if

climate change is (i) real or not, or (ii) human caused

or not, even though life of Petitioner (and many

others) depend(s) upon the climate.

Petitioner’s case provides this Court

3.

jurisdiction to find that PCA is “sometimes

enforceable” (creating unfair, disproportionate

financial obligations on Petitioner (and other USA

taxpayers) and “sometimes not” (not binding on

signatory countries to comply with climate actions).

This Court can find PCA is void of governing law

provisions against which one can clearly test

compliance and void of clauses that impose penalties

for failure to comply.

- 12 4.

Petitioner’s case provides this Court with

jurisdiction to determine if the Constitution forbids

the Executive Branch from signing PCA or renewal

or replacement while Biden, Kerry and other RUVA

know:

(a) PCA is not self-executing even though

Biden represents to American people that signing is

“moving toward a clean-energy future”, and

(b) Senate Resolution (S. Res. 98) exists and

forbids binding entry into PCA. (See Exhibit 3) as

Biden and Biden’s lead climate designee (John

Kerry) voted for S. Res. 98 in 1997 when both were

Senators, and

(c) “the President’s power to see that the laws

are faithfully executed refutes the idea that he is to

be a lawmaker.” Youngstown Sheet & Tube Co. v.

Sawyer, 343 U. S. 579, 587 (1952) cited in Medellin

v. Texas 552 U.S. 491 (2008) at 528.

Petitioner’s case provides this Court with

5.

jurisdiction to determine if signing by Biden of PCA

was improper because Biden, as President, does not

make law to bind domestic persons or foreign persons

to move toward a clean-energy future.

6.

Respondents Biden and Kerry are well aware

(because both voted ‘yea.’ for below cited ‘S. Res 98’)

that, during 1997, the Kyoto Protocol:

(a) was proposed via 1992 United Nations

Framework Convention on Climate Change

(UNFCCC). and that protocol suggested “developed

countries” have greater responsibility to act and

greater financial burden than “developing countries”,

and

• 13 •

(b) was rejected in 1997 by US Senate

resolution ‘S. Res 98’ by Yea-Nay Vote. 95-0. (12)

Senate imposed conditions, ‘then and thereafter’, on

USA becoming a signatory to any international

agreement on greenhouse gas emissions under

UNFCC:

“... United States should not be a signatory to

any protocol to. or other agreement regarding,

[1992 (UNFCCC)] at negotiations in Kyoto in

December 1997 or thereafter which would: (1)

mandate new commitments to limit or reduce

greenhouse gas emissions for the Annex 1

Parties, unless the protocol or other agreement

also mandates new specific scheduled

commitments to limit or reduce greenhouse

gas emissions for Developing Country Parties

within the same compliance period;

or (2) result in serious harm to the

U.S. economy”

7.

Petitioner’s case provides this Court with

jurisdiction to determine that:

(a) S. Res 98 time period of 1997 ‘then and

thereafter’ applies to 2021.

(b) PCA is a protocol to. or other agreement

regarding, 1992 UNFCCC,

whether treaty or not, and whether binding or not.

(c) PCA should not be signed because PCA

provisions contravene S. Res 98

(1) mandate new commitments for USA to

limit or reduce greenhouse gas emissions for USA

as one of the Annex 1 Parties, but the protocol or

- 14 other agreement does not also mandate new

specific scheduled commitments to limit or reduce

greenhouse gas emissions for Developing Country

Parties within the same compliance period; or

(2) result in serious harm to the U.S.

economy.

(d) representations to Petitioner (and other

American people) that signing PCA is “moving

toward a clean-energy future” is misuse of influence

because PCA is not binding.

(e) PCA is not self-executing being

sometimes enforceable and sometimes not, and

subject to cancellation by 2024 or later President­

elect, and

(f) In regard to (e) and PCA, Petitioner asks

this Court to consider whether

“(t)here is a presumption against finding

treaties self-executing having domestic force in

USA courts without further legislation. Medellin v

Texas 552 U.S. 491 (2008), and

even if an international treaty may

constitute an international commitment, it is not

binding domestic law unless Congress has enacted

statutes implementing it or unless the treaty itself

is “self-executing.

8.

Petitioner’s case provides this U.S. Supreme

Court jurisdiction to confirm that the Supreme

Court, not the Executive Branch, has final word on

whether Executive Branch can enter in a material

climate related arrangement with foreign nations

which purports to be binding on emissions without

- 15 “Advice and Consent of the Senate” and “two thirds

of the Senators present concur”, as required by

Constitution Article II, Section 2.

9.

Petitioner’s case provides this U.S. Supreme

Court jurisdiction to confirm that Executive Branch

authority to act, as with the exercise of any

governmental power, “must stem either from an act

of Congress or from the Constitution itself.”

Youngstown supra at 585 (1952).

10.

In Medellin supra, Chief Justice Roberts

writes these thoughts:

“But the responsibility for transforming an

international obligation arising from a non­

self-executing treaty into domestic law falls

to Congress, not the Executive. Foster, 2 Pet.,

at 315.

The requirement that Congress, rather than

the President, implement a non-selfexecuting treaty derives from the text of the

Constitution, which divides the treaty­

making power between the President and

the Senate.

The Constitution vests the President with

the authority to “make” a treaty. Art. II, §2.

If the treaty is to be self-executing in this

respect, the Senate must consent to the

treaty by the requisite two-thirds vote, ibid.,

consistent with all other constitutional

restraints.

“As already noted, the terms of a non-selfexecuting treaty can become domestic law

only in the same way as anv other law—

through passage of legislation by both

- 16 Houses of Congress, combined with either

the President’s signature or a congressional

override of a Presidential veto. See Art. I, §7.

Petitioner’s case provides this U.S. Supreme

11.

Court jurisdiction to confirm that Government

Respondents owe Petitioner duty of compliance with

Principles of Ethical Conduct for Government

Officers and Employees. See Exhibit 4.

That duty owed to Petitioner by Government

Respondents includes disclosure by officers and

employees of waste, fraud, abuse, and corruption as

appropriate.

Failure to disclose corruption or prevent waste of

Federal Property is an unethical, ultra vires act.

12.

Petitioner’s case provides this U.S. Supreme

Court jurisdiction to issue both

(a) writs of mandamus, and

(b) [a]n alternative writ or rule nisi to Biden,

Kerry and other Respondents.

28 U.S. Code § 1651 so provides that

“(a) [t] he Supreme Court and all courts

established by Act of Congress may issue all

writs necessary or appropriate in aid of their

respective jurisdictions and agreeable to the

usages and principles of law and (b) [a]n

alternative writ or rule nisi may be issued by a

justice or judge of a court which has jurisdiction.

Petitioner’s complaint is not a “political question”

but a question of law of “corruption” under 2003-31-

- 17 OCT MERIDA UNITED NATIONS CONVENTION

AGAINST CORRUPTION (UNCAC).

Petitioner’s case provides this Court

jurisdiction for either or both

(i) quo warranto action based on equal

protection to resolve this dispute about ultra vires

actions by deciding whether Biden has the legal

right to remain in and hold the public office of

President, and/or

(ii) writ or rule nisi order to show cause how

Biden show pre-election statements about PCA are

not untrue, instead truthful and not misleading.

(iii) If statements are found true, then this

Court can determine Biden did not comply with

rules of ethical conduct expected after election while

knowing that delivery of PCA promises would be

subject to those ethical rules.

This (iii) means that if one lies, on matters of

life and death, to get votes to get elected, and then

gets elected, they have to show cause why they are

to stay in office if people can die.

In climate matters alleged by Biden and

Kerry in their press releases (and by ‘climate

experts’) to be matters of life or death so as to cause

disruption of Worlds’ economies to pursue solutions,

this Supreme Court is asked by Petitioner to

demand Respondent Biden to show cause why he

should be President when Biden exchanged false

promises about PCA for votes.

- 18Petitioner does not ask the Court to count

votes or decide if Defendant Biden was duly elected

as President or not.

However, as set forth in Petitioner’s

Complaint (ROA 1), Petitioner seeks writ of

mandamus in quo warranto or writ/rule nisi as

‘show cause order’ related to false pretense and

omission and misuse of influence about PCA that

threaten lives.

Buying votes by promising to pay cash as

value is prohibited, then buying votes by promising

entry or re-entry to PCA as value must be

prohibited. Also, such must be abhorred when

traded to create false expectations about PCA being

binding.

13.

Petitioner seeks equal protection as a citizen,

taxpayer, voter and mineral interest owner which is

equal to non-citizens, non-taxpayers, non-voters and

non-owners of mineral interests.

Petitioner does not ask this Court to find

equal protection requires identical treatment of all

persons in all situations.

Petitioner asks this Court to find that, if nonUSA citizen, non-taxpayer, non-owner of mineral

interest is not be subjected to same financial PCAclimate driven risk of de facto expropriation of

mineral assets without compensation, taking of

rights by carbon taxation and other burdens under

same situation, then Petitioner should not have to

suffer those de facto punishments.

- 19 14.

Petitioner’s case thus presents this Court

with jurisdiction of genuine issues of undue

influence related to PCA and energy availability for

national security, economy, environment and/or

public safety.

Petitioner’s case provides this Court jurisdiction to

distinguish between false representations which are

(a) ‘kissing the baby’ (e.g. this is mere

political question, not one upon which life or death

depend)

versus

(c) ‘killing the baby’, i.e. ‘risk loss of life’ by

‘hollow promises’ (e.g. a substantive, egregious lie or

omission of material fact, statements made upon

which life or death depend.)

15. For other subject matter support of Jurisdiction

this Supreme Court, as well as Venue and Standing,

reference is made to Complaint and Motions in

record below.

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

Petitioner’s petition seeks protection by restraint of

RTJVA actors and Government Respondent that

assists them.

1. Petitioner challenges

(i) ultra vires acts of rogue RUVA actors,

(ii) Respondent Government enablement of RUVA

actors,

- 20 (iii) Counsel for Respondent Government caused

delays, oppositions and dismissals that continue

acts of rogue RUVA actors, and

(iv) Courts’ delays and failures in restraining

RUVA.

2. Petitioner has complained of violations by RUVA

and Respondent Government of:

(i) Constitution Article II, Section 2

by false pretenses of

(x) “enduring” PCA as if PCA was/is binding,

long-term, enforceable treaty commitments to

emissions reductions by U.S. and reciprocal from

other countries

(y) RUVA unilateral changes to U.S. PCA, via

change to U.S. INDC (Intended Nationally

Determined Contributions)

(z) no need for Senate advice, consent, 2/3’s

approval for treaty formation and changes

(ii) Constitution Article III, Section 2 denial or

obfuscation that this Supreme Court has original

jurisdiction:

“In all Cases affecting Ambassadors, other public

Ministers and Consuls...”

Such includes this case against RUVA Kerry and all

Ambassadors, other public Ministers and Consuls to

whom RUVA Kerry makes false representations

regarding U.S. emissions reduction without

authority and thus misuses influence and bribes for

reduced emissions of others.

- 21 (iii) 1997 Senate Res 98 against bad Kyoto Protocol

arrangements harmful to U.S.

Public statements by RUVA prove RUVA deploy

PCA and U.S. INDC in violation of said 1997 Senate

Resolution 98 (passed 97-0 with 1997 “yea’ votes of

Biden and Kerry) cited in Petitioner’s CA5 Brief at

pages 60-63, which prohibits Appellee Government

from being

“signatory to any protocol to, or other agreement

regarding, the United Nations Framework

Convention on Climate Change of 1992, at

negotiations in Kyoto in December 1997, or

thereafter, which would-(A) mandate new commitments to limit or

reduce greenhouse gas emissions for the Annex I

Parties, unless the protocol or other agreement

also mandates new specific scheduled

commitments to limit or reduce greenhouse gas

emissions for Developing Country Parties within

the same compliance period, or

(B) would result in serious harm to the

economy of the United States;

(iv) Principles of Ethical Conduct for Government

Officers and Employees waste of Respondent

Government assets and misuse of funds.

Public statements by RUVA prove RUVA seek to

deploy PCA and seek to unilaterally change U.S.

INDC in violation of said Principles of Ethical

Conduct in particular cited in Appellant’s CA Brief

at pages 63-64, whether elected or appointed or

hired with employee status, in particular #6, #9 and

#11:

- 22 6. Employees shall make no unauthorized

commitments or promises of any kind

purporting to bind the Government.

9. Employees shall protect and conserve

Federal property and shall not use it for other

than authorized activities.

11.Employees shall disclose waste, fraud,

abuse, and corruption to appropriate

authorities.

(v) Amendment 1 right to file grievance for redress,

•

Right to petition government for redress of

grievances against RUVA unethical waste of

Federal mineral interest property and

purporting to bind Government to divert

Treasury funds to developing countries without

climate treaty authorization to spell out

respective obligations

(vi) Amendment 5 taking value of Petitioner’s

mineral property without due process and

compensation, and

•

RUVA by Executive Branch orders are taking

Petitioner’s private mineral interest property

without due process and without just

compensation and

(vii) Amendment 14 denial of equal protection

Respondent Government denies Petitioner

protection of his mineral interests from attacks by

- 23 RIJVA and third party climate activists, nonmineral interest owners acting in concert with

RUVA.

3. Among other relevant matter, focus of this Appeal

is thus on above cited:

(a) Constitution

Article II, Section 2

Article III, Section 2

First Amendment

Fifth Amendment

Fourteenth Amendment

(b) Key Statutes

28 U.S.C. § 636 error of law by delegation

to Magistrate Judge delaying injunction

28 U.S.C. § 1254(1) Appellant jurisdiction

28 U.S.C. § 1257 Appellant jurisdiction

28 U.S.C. §1651 all writs

(c) US Senate Records

1997 Senate Resolution S. Res. 98 (See

Exhibit 3)

https://www.congress.gov/bill/105thcongress/senate-resolution/98

(d) Respondent Government

Publications (See Exhibit 4)

Principles of Ethical Conduct for

Government Officers and Employees.

https://ethics.od.nih.gov/principlesethical-conduct-government-officersand-employees

-24(e) Judicial notice requested by Petitioner for

adjudicative facts within UN, White House and

State Department publications Respondents’ own

words.

STATEMENT OF THE CASE

1. Petitioner as grieving party seeks First

Amendment redress from Government

Respondent by this Court granting Exhibit 6

injunctive relief.

Government Respondent is enabling corrupt conduct

by ultra vires Respondent(s) actors (RUVA defined

first above).

Petitioner asks this Supreme Court to find that each

RUVA is not the “Government” when RUVA act

outside scope of governmental authority and thus

corruptly, and cannot be represented by Government

counsel.

Petitioner asked same finding by the Courts below

and received no relief, only received procedural

dismissals. No denials, nor answers, nor appearance

from RVA were received.

Dismissals were caused by counsel for Respondent

Government, not pro-se or non-government counsel

for RUVA.

Petitioner petitions for redress to be protected from

RUVA who purport to act in official capacity but

instead RUVA are clearly well outside authorized

conduct.

J

- 25 -

RUVA’s own words in public releases so prove,

as cited to this Supreme Court and Courts below.

Instead of protecting Petitioner, Government

Counsel and Courts below have delayed relief to

enable continuing corrupt conduct by RUVA.

Government Counsel should pursue RUVA, not

enable them.

Government Counsel, instead, urged procedural

delays and dismissals of this case that points many

fingers toward egregious, corrupt conduct by RUVA.

2. Petitioner seeks default judgment against

RUV.

RUVA (never):

(i) never filed denial, answer or other

responsive pleading,

(ii) never entered an appearance pro se or by

non-government counsel,

(iii) never filed motion for extension of time,

stay or dismissal,

(iv) never asserted in writing that

their ultra

Government Attorney(s) defends

vires plans and acts admitted by their own

publications,

(v) never denied or responded in any other

way to Petitioner’s Summons, Complaint, many

Motions, Brief on Appeal to CA5 or any of dozens of

papers which were served and/or mailed to each of

them,

-26(vi) never denied their own words in various

White House and Department of State releases cited

to the Court(s) which prove acts, and intents to act,

outside scope of proper governmental authority, and

(vii) never denied RUVA are in default for

failing to timely file response to Summons and

Complaint.

RUVA are in default. Petitioner asks this Court to

grant Exhibit 6 as default judgment.

Petitioner is entited to entry of default judgment.

Default, not dismissal, should apply to RUVA.

Government Counsel and Courts below should not

look other directions to avoid seeing RUVA default

Strict technicalities written for civil disputes - non­

governmental and private among

individuals/companies - must be avoided when unfair

to citizen making urgent First Amendment petition

to Government for redress.

Pointing to irrelevant procedures (for example, to

confer with defaulting, non-appearing RUVA) avoids

standing in front of responsibility to know truth

about boundary between permitted acts and ultra

vires acts.

3. Petitioner asks this Court to see the

‘elephants-in-the-room’ constitutional issues,

such as wasting of, taking of, or destroying

value of property without due process and

compensation.

- 27 Public history will remember well big climate-change

push on U.S. economy and structure springing from

PCA.

Trust is an issue.

Now stage is set for this Supreme Court to be lead

actor.

‘Act well your part, for there all honor lies’,

commends Pope, his Essay

4. Petitioner asks if this Supreme Court will

act in lead role to grant Exhibit 6 protection

according to fairness inherent in equity for

merits of substance, not form over substance.

Petitioner asks this Supreme Court to act in

that lead role to grant Exhibit 6 before

October 31 2021 (start of UN COP26 climate

meeting in Glasgow) [see RUVA’s own White

House and Department of State releases].

Otherwise, from said RUVA’s own words

within above requested judicial notice of facts,

it is obvious additional serious harm will be

caused by additional unhinged, unrestrained

ultra vires, bad acts of RUVA that will create

serious harm to interests of Petitioner (and of

others and to US economy).

After October, more will follow. The more must stop

until Article II Section 2 Senate advice, consent and

two thirds approval is obtained to create layer of

protection for Petitioner and others.

- 28 -

Unless this Supreme Court restrains RUVA

then Petitioner and others

- risk massive disproportionate financial

harm by burdens imposed on U.S. that are not

shouldered proportionately by those within certain

‘developing countries’ whose mineral resource

reserves exceed those of the USA

That is, there is no level economic playing

field and equal economic protection cannot happen.

- risk looting from USA Treasury ‘in the

name of climate need’, which can quickly start

with RUVA announced proposed unauthorized US$

Billions passed to UN Green Climate Fund then

increases with other unauthorized payments under

guise of climate action equity

That is, there is lack of equal protection for

Petitioner (and others in U.S.) with uneven RUVA

grants to push U.S. Dollars to others in name of

alleged climate equity, which create inequity not

equity. That is not a political question, but

Constitutional one for Senate Article II, Section 2

decision.

- risk major exposures to suits from

citizens or other countries akin to French and

Dutch plaintiffs prevailing for claims akin to ’’non­

respect of engagements”. For example, it is well

known that a Paris court has found the French state

guilty of failing to meet its commitments to curb

greenhouse gas emissions.

- 29 •

- risk RUVA entry to, and acts pursuant

to, arrangements such as the Paris Climate

Accord, considered as a treaty by UN agencies

and other countries, but which instead are

‘sometimes binding, sometime not’

Chief Justice Roberts’ in Medellin v. Texas 552 U.S.

491 (2008) at 510, 511 states the disbelief and

challenge upon which this petition is based:

“It is hard to believe that the United States would

enter into treaties that are sometimes enforceable

and sometimes not. Such a treaty would be the

equivalent of writing a blank check to the judiciary.

Senators could never be quite sure what the treaties

on which they were voting meant. Only a judge could

say for sure and only at some future date. This

uncertainty could hobble the United States’ efforts to

negotiate and sign international agreements.”

“To read a treaty so that it sometimes has the effect

of domestic law and sometimes does not is

tantamount to vesting with the judiciary the power

not only to interpret but also to create the law.”

REASONS FOR GRANTING THIS PETITION

Petitioner asks this Court to restrain RUVA to

act within scope of authority, not corruptly.

Petitioner sets out above questions of law, not

political questions.

Answers to questions of law in this case

determine boundary between proper, authorized

scope and ultra vires acts.

- 30 ■

Answers to questions of law will have political

consequences but that does not convert questions of

law to politics.

Reasons to grant Exhibit 6 Order for

injunctive relief [or to fashion other just relief which

this Supreme Court has the power to do] are as

follows:

Reason #1: Restraint that I request

provides me with financial protection and

relief I seek.

But, it is not ‘all about me’ even though

restraint protects me.

As a Marine, I fought in Vietnam ‘not for me’

but to serve our country.

I marched to an objective, complex yes, but

then within scope properly authorized, and later

authorization properly changed.

RUVA unilateral Executive Orders and

conduct based on those, do not serve a government

of the people. They march away to their own

objective, unstrained.

Unrestrained rogue RUVA make the

government “a government of RUVA Executive

Orders” not a government of the people, then they

help themselves and their friends to the Treasury

of the people.

J

- 31 Public confidence is lost but can be restored by

this Supreme Court.

For admonishment of RUVA, this Court

should restrain RUVA thinking that:

“it is easier to ask for forgiveness than permission”

Reason #2: Restore belief for me (and

others) in ethics and honor in government and

in the Courts that are to watch over all.

I confess, while writing this, that I have

very, very low confidence that the Supreme

Court will read these words and act upon my

Petition. Clerks “take no action on” multiple

filings, but instead reject them for poor reasons, for

example, requiring a conference with defaulted

RUVA who never appeared after Summons or filed

denial or otherwise responded in over six months.

Now skeptical 2021 U.S. public listen for

signs of a heartbeat of ethics to hope to

believe honor is alive in government.

Many fear responsible, ethical government is

dead, and Courts cannot revive it.

This Supreme Court must signal to a very,

very anxious public that this Court guarantees:

(1) timely resolutions of time-sensitive and

serious petitions to Government for protection by

seeking redress - like this one of Petitioner, less

than perfect, for commercial cases, but perfect for

Amendment I, V and IV purposes,

- 32 (2) First Amendment is not dead, and

(3) U.S. government can be peacefully restored

as government of the people for the benefit of the

people.

Show that U.S. government is not of a cast of

rogue RUVA who pen unhinged Executive Orders in

back rooms then nail them as mandates on the

White House website, without public interface.

Show and reassure by grant of this Writ of

Certiorari to Petitioner and grant of Exhibit 6

Order.

Reason #3: This Court’s review, with decision

and grant of Exhibit 6 order requested by

Petitioner are warranted.

Repeated RUVA Executive Orders making

unhinged mandates are problematic against my

planning, investments, and risk taking and

decisions for assets retention or disposal.

The claims at issue are non-frivolous and urgent.

I complain of unilateral mandates, without proper

foundation, having effect of laws regarding climate,

and those being made without required advice,

consent and Senate votes of approvals for binding

international relations.

Petitioner’s questions of law are obviously not

political questions and should not have been

delayed, ignored or dismissed by Courts below but

instead decided by them.

- 33 Proper resolution of questions presented here are

matters of great Constitutional importance.

Absent admonishment and restraint of RUVA, only

those within RUVA personal circles will know in

advance what the next series of Executive Orders

will be and when they will occur.

That gives chilling effect to decision making, and

certainty of planning, for those outside of the circle

of RUVA.

Petitioner asks this Court to reaffirm

“[t]he President’s power to see that the laws

are faithfully executed refutes the idea that he

is to be a lawmaker.” Youngstown Sheet &

Tube Co. v. Sawyer, 343 U. S. 579, 587 (1952)

Confirm please that the Constitution mandates

conscientious deliberation by Congress as the law­

making branch and guards against political

misconduct by misuse of influence by Executive

Branch when Executive Branch acts as law-maker.

The public can then be confident that, rather than

denying a forum for colorable constitutional claims,

the Courts will

(a) answer outcome determinative questions of

law placed before them by seekers of First

Amendment redress, and

(b) produce answers to questions of law in fact

based manner by accurate judicial decisive decisions

(not advisory views) as to what is ultra vires

conduct and what is not, going forward toward life­

determining, critical climate matters, and

- 34 (c) give RUVA admonishments that protect

against unhinged, unrestrained, improper Executive

Branch Executive Orders creating mandates for

emissions reductions and economic clay shaping

that are outside scope of Executive Branch

authority.

This case presents a clean package for

answering the controlling questions of law

presented.

This Court should take this opportunity to

restore public confidence throughout

the Nation

that the First Amendment enables persons to

petition the government for redress of grievances,

without being tripped or blocked by superfluous

government-made procedures that delay or block

timely access in First Amendment case.

CONCLUSION

Before October 31, 2021 start of UN Glasgow

climate conference start, this Petition should be

granted and Exhibit 6 Order should be granted or

this Court should fashion other just relief.

If this Petition and Exhibit 6 Order are not

granted, this below “history look-back” gives

one possible prospective view from the future:

•

•

•

First Amendment rights become frozen. No one

uses them.

Government-made ‘procedural rules of the game’

put in place are strictly asserted by the

government.

Those “rules of the game” procedures enable only

the outcome(s) the government desires.

- 35 •

•

•

•

Those Government-made rules ‘control the game’;

persons seeking redress of grievances become

disfavored in treatment by reason of their views.

That creates frustration to stop complaints.

Individuals who try to exercise core First

Amendment right of asserting grievances against

the government are penalized.

Neither urgency nor emergency cannot be

addressed. Speed is not possible. Putative ‘rules

of the game’ enable district and appeals courts to

control rejections.

Predictable harmful events, for which protection

is sought by plea for help, will happen without

admonition and restraint of bad ultra vires

actors.

That above future is what Petitioner alleges

could be here today in the present if this Court does

not act. To avoid that future, this Petition should be

granted and Exhibit 6 Order should be granted.

This Petition is 100% controlled by Petitioner.

Petitioner has not asked for nor received any third

party funding in this case, only receiving pro bono

“assisted pro se” work from his brother as set forth

in February 24, 2021 Letter to (District) Court,

copied to all Respondents. Brother confirmed to me

that he has not asked for nor received any third

party funding in this case.

In closing, by signing below Petitioner assures

this Court that his Petition contains his concerns

which raise serious Constitutional questions and are

not frivolous.

- 36This is Petitioner’s serious prayer for

protection by this Court.

Respectfully submitted,

/s/ Kenneth A. Pruitt, pro se

Trailer Village RV Park

16580 N. US Hwy 59

Garrison, Texas 75946

(936) 714-3811

kap8063@yahoo.com

October 10, 2021

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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