Government received June 14th 2018

Supreme Court of the United States

Washington, B.U. 20543-0001

RICHARD DEAN HAMONTREE,

Plaintiff-Appellant,

v.

THE UNITED STATES,

COMPLAINT

In the Congress of these United States, the Speaker of the House, Mr. Paul Ryan, 1233B Longworth HOB, Washington D.C., and the Secretary of the Treasury, M.R. Steven MNUCHIN, of the Treasury for the United States have committed SEDITION: To demonstraight insurrection against lawful authority, SUBVERSION: to overturn or overthrow from the foundation, to corrupt by undermining the morals, allegiance or faith, of our Constitution and quite possibly TREASON: Overthrow the government or assist the enemy in war (These are the traditional meanings everyone understands). However treason also means the betrayal of a trust, treachary, from the latin word “TRADITIO” the act of handing over teachings or tradition, an overt act contrary to the best interests of a person or nation.

Within the laws of the United States, our Federal Government as well as State Governments generally enjoy what we call SOVEREIGN IMMUNITY. The primary principle of soverign immun

ity in these United States laws came from Englands common law

  • LEGAL MAXIM “NON POTEST PECCARE” simply stated the king is always right. In some situations however this immunity may be set aside by the Constitution or by case law,s.

In the United States, Sovereign Immunity has two distinct parts or categories, they are:

  1. Absolute Immunity, the highest: When absolute immunity applies, any person or agency may not be sued for an alleged wrongful act, even if that act was taken in bad faith or maliciously conducted. Absolute immunity is only applied to acts or legal disputes that would significantly affect the operation of a government, state or federal. This immunity applies to judges only while acting in a judicial capacity, the Supreme Court naturally all the time, other inferior courts only in cases which would affect core legislation of our government or suits against government legislators who, s outcome could significantly affect the operation of our state or federal governments, with this in mind we turn to:
  2. QUALIFIED IMMUNITY ( Statutory): When Qualified

applies, government officials or agencies are shielded from liability only when spacific circumstances are met, under specific federal, state or case law. This is the primary immunity granted to federal judges and federal agencies of the United States. It has been an axiom of our jurisprudence. Our government is not normally liable to suit unless it consents or a government official as defined in Title 28 U.S. Code 2671, such as a sitting judge or an agency of our Federal Government, or its employees violate a provision of our Constitution, see Title 28 U.S. Code 2679. Sovereign Immunity does not exempt the Federal Government agencies nor the Federal Judicial System from a Civil Challenge based on a voilation of our nations Constitution, our Bill of Rights, any rule, opinion or directive from these areas of government self-evidently would make our Constitution subservient to the federal will of the courts or any department of the federal government. Moreover neither common state law, common federal rule or law can supersede a provision of our national Constitution. In cases where federal employee,s of a department of government or judges of our federal court system claim soverign immunity, their forum for this request can only be denied, our Federal Constitution being the respondent superior. Any and all violations to the Constitution must be heard in court. Federal Courts should be compelled to enforce any unconstitutional statute, memorandum or opinion by any court for the simple theory immunity can not extend to any federal or state employee who acts for the government, but who acts unconstitutionally, especially when the Federal Government is powerless to authorize that person or agency to act in violation of the constitution, the superior.

The violation of the constitution by the Speaker of the House, Mr. Ryan and the non performance of the Secretary of the Treasury is evident by the removal of funds from the Social Security accounts within the United States Treasury, a State written and operated program with oversight by the Congress of the United States, which can only be viewed as illegal and immoral, a humanitarian conflict. Removing funds without a legal authority or a legal appropriation, violating the removal of property (funds money) without due process of law, and to deny any person within its jurisdiction the equal protection of the law. see 42 U.S. Code 407(a), this rule of law is to protect Social Security from creditor claims, it protects from execution, levy, attachment, garnishment or “other legal process”, bankruptcy or insolvency. see also Amendment 14, Civil Rights of 1868, Removing funds with out a legal authority from state operated and funded programs of the many states.

Article III, Our Judicial Branch: The right of Federal Courts to handle cases arising under the Constitution is the basis for the Supreme Courts right to declare laws of the Congress unconstitutional. This right to bring judicial review was established in 1803 by Chief Justice John Marchall, see Marbury V. Madison.

The authority of the Social Security Act 1935 H.R. 7260, codified and amended 2012, 42 U.S. Code 401_4.34

Scope: An ACT passed by Congress and signed by the President for the general welfare of the people by establishing a system of federal Old Age benefits, by establishing the several states to make more adequate provision for the aged persons, blind persons, dependent and crippled children, material and child welfare, public health and the administration of their unemployment compensation laws, to establish a state board, and state programs to raise revenue and for other purposes. Each state is charged with the responsibility of establishing their own program, Social Security Program, collect their own funds and for the administration of the elegibility of the several people under this program. Under the provisions of this mandate each state collects funds, funds separate from all other taxes collected, pay into the federal social security fund in the treasury. Funds are deposited into accounts of the various programs and reissued to each state as needed. Section two (2) of the Old Age Assistance plan is quite adament as to the establishment of “State Plans”. So what do we have, a Federal Bill of Law establishing responsibility of each state of the several states to create a Social Security Program. Each state is responsible to collect separate Funds as taxes and not as income taxes from the several people. Each state was given by congress the responsibility of administering their own programs at state level, not as a federal level.(their program). Each state was charged with collecting money to run the program, send these funds to the treasury every month and obtain sufficient funds back to run the program within their own state. What I am trying to show is simply every directive, every rule of law every responsibility under Social Security is a Federal Mandated Law, given to the same states of the many states. It is state money, state programs and individual peoples intitlements. The Federal Government only provides oversight to insure equal and fair operation of this program.

TITLE II Old Age Benefits and Age Reserve Accounts. Section 201 (b) of H.R. 2260 and (42) 407: It shall be the duty of the Secretary of the Treasury to invest such portion of the amounts credited to the account (reserve account funds paid into the treasury by the several states) as not in his judgement, required to meet current withdrawals, such investment may be made only in interest bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. You will note, the federal government may acquire “loans” from the social Security only after they guarintee to both principle (to pay back) and to pay interest on such loans. They are forbidden to acquire these funds through appropriation. All funds are the property of the many states who have made deposits into these accounts. This includes funds awaiting deposit.

TITLE II Section 208 of the act, codified at 42 USC 407a the right of any person to any future payment under this subchapter shall not be transferable or assignable at law or in equity and none of the moneys paid (on account) or payable (money still in the general fund, state moneys) or rights existing under this subchapter shall be subject to any other legal process (appropriation). The basic purpose of 407 and section 201 is to protect Social Security from creditor claims, bank creditors, insurance or the largest creditor the federal government (Other legal). Funds which are deposited into the Social Security accounts are exclusive for the operation of Social Security alone, section 201 of the Act limits the use for these deposits. All funds are to be accounted for by the Secretary of the Treasury. All Such funds are the exclusive property of the several states and of the Social Security Program (Act). To acquire any funds from the Social Security systems deposits the Congress of these United States must pass a (changing the authority of the Social Security Act) Bill of law authorizing appropriation.

Under the authority of 42 U.S. Code 401-434, formally H.R. 7260 August 1935, The Social Security Act, The Secretary of the Treasury, also referred as the Managing Trustee, is charged with responsibility of duty to ensure 100% per-cent of all funds collected as tax from the many states as Social Security Tax, which have been deposited in the General fund of the Treasury shall from time to time be deposited into the accounts of the Social Security Program. It is the duty of the Managing Director to ensure adequate funds are retained each month from these state funds for the operation of the Social Security Programs( pay out for retirement, unemployment and the many programs operated by this Act). All funds not utilized can only be deposited into accounts of the Social Security or the General Fund of the Social Security (old Age Reserve Account). These funds are protected by law. They are not subject to appropriation, levy or garnishment. The Congress expressly stated when this program was enacted into law in Title II, Section 201 (b) Funds credited to the account, Old Age Reserve Account, or funds awating in the general fund of the Treasury, are for interest bearing obligations or deposit only. This guarantee of deposit was carried into the revised and codified “law” 42 U.S. code 401-434.

The Congress, the Speaker of the House and the Secretary of the Treasury have passed Bills of Law, one protecting state collected funds of the Social Security, the others have been numerous times appropriating funds out of the accounts and deposits of the Social Security. Herein lies the Quandry. Which is legal, which is correct. Congress gave themselves the right to make changes in this law/Act. This they failed to do. Therefore any and all past appropriation Bill for the state collected Social Security funds are illegal.

@28 U.S.Code 1331, District courts shall have original authority of all civil actions “arising under the Constitution. Justice Stevens Stated in an opinion, The vast majority of cases falling within this grant of jurisdiction are covered by Justice Holmes statement that “A suit arises under the law that creates the cause of action”, when a federal law creates the claim and the rules of decision governing it, federal jurisdiction exists. ( the speaker of the house creating a law granting immunity from appropriation in one hand, while appropriating funds with the other). At congressional level. The Supreme Court shall have original jurisdiction in cases finding congressional laws unconstitutional.

Title 28 U.S. Code 1361. Mandamus to compell a federal emplyoee is only appropriate when the claim is clear and the duty of the officer is ministerial and so plainly prescribed as to be free from doubt, see Pittston coal Group V. Sebben, 488 U.S. 105, 121 (1988) Quoting, Heckler v. Ringer 466 U.S. 602-616 (1984). Mandamus has also been invoked successfully in efforts to overturn judicial rulings, see e.g. Cheney v. United States District Court 542. U.S. 367, 38082, (2004). When an official of a federal agency goes far beyond the statutory authority of its agency and the action taken is far beyond the color of legal authority for that agency, Mandamus applies. (violation of the constitution, the Bill of Rights against unjust rule). Normall when the

n of Mandamus is authorized under the rules governing agencies going far beyond their legal authority the governing law of 28 U.S. Code 1491 (a) (I) Apply , Violation of plaintiffs constitutional rights.

Under the authority of the IIth Amendment, Individuals of any state can sue state authorities in federal court for depriving them of their constitutional rights. i.e. s for depriving individuals under the Social Security Act for the loss of funds in retirement. Amendment I4, Due

Process of Law and Equal Protection of the laws. State Social Security Program administrations failure to protect retirement investments. If money is removed how can you pay a dividen or collect interest on these funds. Less money on deposit equals less money to be paid out for cost of living, retirement, childrens welfare. Has the congress created a capitation tax on hourly workers. The removal from funds only from the peoples social security system can only be seen as unjust. taxing only the lower class of workers while the top ten percent of America have no money/funds taken from their monthly income. Not all self employed individuals pay into social security regularilly.

Article I, Section 9(4) No capitation tax or other direct tax shall be taken (laid) unless in proportion to the census, or enumeration herein before directed to be taken. (A tax collected equally from everyone.)

Article I. Section 9 (?). No money shall be drawn from the treasury but in consequence of appropriation. (a legal appropriation)

In the year 1894, the Congress passed an Income Tax, the Supreme Court held it Unconstitutional.

Amendment 16 passed into law in the year 1913. The Congress shall have the power to lay and collect taxes on income from whatever source derived. First came federal income taxes, in the 1935 after the great depression, the crash of wall street and the great war, steel producers, coal owners and train oweners prospered, individual factory workers and ordinary citizens starved. Our President recognized this and came up with a solution. This President put his best legal pens together and they produced a bill of law we recognize today as H.R. 7260, a federal law to protect the old people, the children and the needy passed into law by congress

14 August 1935. The president as well as the Congress recognized the problems just experienced, and saw a future where money might be a problem for the congress, therefore within this bill of law, exceptions were added. The duty of the Secretary of the Treasury, collect all individual state taxes for social security through the newly established federal income tax systed. After removing operating expenses each month, make deposits only into accounts of the social security. Current law 42 U.S. Code 401(a) subparagraph (a). It shall be the duty of the Managing Trustee (Secretary of the Treasury) to invest such portion of the trust funds as not in his judgement required to meet current withdrawals. This law is noted in the original act of 1935 as Title II Section 201(b), word for word. Within the Social

aws we also find Section 208 of the act of 1935 codified and amended in the 2012 as 42 U.S.C. 407(a), this directive stating the right of any person to any future payment under this title shall not be transferable, or assignable at law or in equity and none of the moneys paid pr payable or rights existing under this title shall be subject to execution levy, attachment, garnishment, “or other legal process”, or to the operation of any bankruptcy or insolvency law. (Why did our forefathers add these words “or other legal process”. Trying to forsee the future and to keep every person or agency of the government, for any reason out of the moneys of Social Security?? We recognise Social Security as solely a state program, funds collected are also the property of the many states as well as the many individuals who claim entitlements under this law.

Article I, Section 7 (I): A bill for raising revenue shall originate in the House of Representatives but the Senate may propose or concur with amendments as on other bills.

Article I, Section 9(7): No money shall be drawn from the treasury but in consequence of appropriation made by law. It is the responsibility of Congress to ensure all appropriations are legal before sending the bill to the president for signature. Although the Constitution states the Federal Government can make any law necessary and proper to carry out it,s spacific powers, thinking about it is not law, neither are good intentions.

Amendment 14, Civil Rights 1868: No state shall make or enforce any law which abridge the privileges or immunities of a citizen of the United States; nor shall any state deprive any person of life, liberty or property ( individual Social security funds for unemployment retirement and more) without due process of law nor deny any person within it,s jurisdiction the equal protection of the law.

Article I, Section 5(2): Each house may determine the rules of its proceedings, punish its members for disorderly behavior and with the concurrence of two-thirds expel a member.

Article III, Section 2(2): In cases to which a state is one of the parties, cases involving any violation of law by the Federal Government, these cases go directly to the Supreme Court. In this case all states are party, the Constitution September 1787.

CONCLUSION

The Speaker of the House in Congress, Mr. Paul Ryan, has violated provisions of our constitution. Mr. Ryan has violated laws of our federal legal system. Mr. Ryan has committed violations of state laws for the Social Security program of the many states.

The Secretary of the Treasury, Mr. Steven Mnuchin has failed in his responsibility and duties to protect the Social Security Systems funds, the property of the many states and private individuals entitled to support under the many programs of the Social Security, support for Disabled Children, the Blind American Veterans of war. The removal of funds from social security violate H.R. 7260 the social security act of August 1935 prior to the year 2012 and further as 12 U.S. Code 400434, Amendment 14 of the Constitution and so much more.

It is requested the Supreme Court of these United States find the removal of any funds (Money) from the Social Security Programs as unconstitutional, and order a complete stop of any and all appropriations for now and the future. Moneys on deposit in the various programs or moneys awaiting deposit within the department of the treasury

Request the sum of $42,600 Fourty two thousand six hundred dollars be paid to the plaintiff as compensation for the approximate 730 Seven hundred thirty hours time to obtain information time to study, time to write reports, to write legal documents, purchase of supplies, time to travel to three (3) difforent libraries, the closest 17 seventeen miles from my home, the approximate $18,000 Eighteen thousand dollars, cash spent since September 2014 in numerous courts of the sixth circuit courts, and the Federal Court of Claims. The production of many copies from the internet at the Public Libraries are not free, .15¢ to .25€ each, I have two large blue containers full.

Federal rules of the court require every avenue of administrative solution be expanded. This I have accomplished.

While reviewing cases for the federal courts, one case comes to mind, BOWEN V. MASSACHUSETTS 487 US 879, 910 (1988), significantly in Bowen the court held that not all actions that would result in payment of money were necessairly actions for money damages, the fact that a judicial remedy may require one party to pay another is not sufficient reason to characterize the relief as money damages.

II

All the proceeding information is not a “TORT” claim submitted under 1346(b).

13 fande zorg

Polaris temcutere

13 June 2018

Richard D. Hamontree

P.O. Box 534 18 Belcher Dr. Auburn K.Y. 42206 (270) 935-8288

I2

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