Second District Court Case Filed

On September 20, 2004, Power To The People filed a second federal lawsuit in Western Washington District Court at Seattle against the members of Congress and officials of the Internal Revenue Service and United States Treasury, Walker v.Members of Congress et al. The COMPLAINT alleges criminal and civil violations against the individual members of Congress for their refusal to call a convention to propose amendments (Amendment Convention) as required under Article V of the United States Constitution.

Events moved rapidly after the filing of our complaint. On October 8, 2004, Federal District Court Judge Ricardo S. Martinez issued a SHOW CAUSE ORDER regarding jurisdiction of court in the matters raised in the complaint. A RESPONSE TO THE ORDER TO SHOW CAUSE was filed with the court on October 21, 2004 along with a BRIEF in support the complaint and an EVIDENCE APPENDIX. On the following day, October 22, 2004, the court, without comment, set November 5, 2004 as the filing date for all motions from the plaintiff in this matter. On November 5, 2004, MOTIONS were filed with the court.

On November 12, 2004, Judge Martinez issued an ORDER OF DISMISSAL together with a JUDGEMENT IN FAVOR OF DEFENDANTS based on lack of court jurisdiction. The court quoted the exact same sentence used for dismissal in Walker v. United States, C00-2125C (2001) therefore ruling for a second time it is the right of the government to determine whether or not it will obey a clause of the Constitution and has the right to veto that clause if it disagrees with the clause.

On November 14, 2004, a MOTION FOR RECONSIDERATION was filed with the district court pointing out several errors made by the court. Most notably in its SHOW CAUSE ORDER the court asserted it could not extend jurisdiction without statutory authority; as federal statutes were shown to the court for each complaint made, this clearly constituted an error in ruling by the court.

On November 23, 2004, the district court denied the reconsideration motion in a MINUTE ORDER . Significantly, the court did not deny that the defendants had not committed criminal acts in violation of federal criminal law by refusing to obey the Constitution.

On November 25, 2004, a motion for STAY OF JUDGMENT PENDING APPEAL was filed with the court. On December 2, 2004, a MOTION FOR DEFAULT OF SERVICE was filed with the court with a request the court correct the failure of any defendant to return any summons to the court for filing. Court rules (Federal Rules of Civil Procedure, Rule 4) require that any defendant served with a summons is required to return the summons or waiver of summons regardless of whether that defendant feels the suit is justified. On December 3, 2004, the district court issued a MINUTE ORDER denying both motions.

On January 2, 2005, a NOTICE OF APPEAL was filed in district court thus beginning the appeal of Walker v. Members of Congress et al. to the Ninth Circuit Court of Appeals. Information on the appeal can be found at this link.


LINKS

Amicus Brief

Attorney List

First District Court Case

Information Page

Letters to the Government

Letter to the Supreme Court

Lois Capps Letter

Main Page

Ninth Circuit Court of Appeals Page

Quick Summary

References

Second Court Case

Supreme Court Letter

Supreme Court Page

Title Page

What The Court Decision Means