Michael Nowik

Saturday, June 26, 2004


On June 1, 2004, the U.S. Supreme Court denied the petition for writ of certiorari on this major official oppression and civil racketeering illegal gambling case, and the renunciation of jurisdiction over cases arising under the laws and Constitution by federal judges and courts.

Below is the Petition for Rehearing mailed on June 25, 2004 to demand adjudication and settlement of this critical case.


No. 03-9695
In the United States Supreme Court

Michael H. Nowik v. State of North Dakota, et. al.



Pursuant to U.S. Supreme Court Rule 44.2, Petitioner Pro Se, Michael H. Nowik, hereby petitions for Rehearing on the U.S. Supreme Court's denial of petition for writ of certiorari.

Petitioner respectfully prays that an order immediately issue to appropriately review and adjudicate the judgment below.


I. JUDICIAL NOTICE


TO THE ATTENTION OF THE JUSTICES OF
THE SUPREME COURT


DEMAND FOR PROMPT WRITTEN OPINION AND SIGNATURES



A. Whereas, the petition for writ of certiorari filed on April 6, 2004 was denied on June 1, 2004, by simple notification of the Supreme Court Clerk, without proper legal opinion, reasoning, or signatures of Justices, it failed to comply with Appellant's First Amendment right to petition for redress of grievances, and did not legally or Constitutionally conform with Petitioner's Judicial Notice and demand for expedited attention and resolution of the important and serious issues presented on appeal.

B. The denial improperly signified that the U.S. Supreme Court and its Justices were renouncing jurisdiction and responsibility over cases arising under the laws and Constitution of the United States, closing the courts to the People, and that they were ratifying and supporting continued genocidal persecution to obstruct justice in this decade long train of judicial abuse of power and position in an outrageous official oppression and civil racketeering case.

C. The failure of the Justices to immediately take appropriate action to restore justice and appropriately supervise and control American courts and judges means that, because of the improper decisions and misconduct of judges in the lower courts, the entire judicial system is still now operating illegally and unconstitutionally and must be closed through the reserved powers and acts of the People.

D. If the Justices do not now properly issue an acceptable and comprehensible legal opinion and ruling on the circumstances, evidence, facts, and events of this case, and signatures, they will be presumably repudiating the Supreme Court's authority and jurisdiction to continue any of its operations through the use of the appellation, United States, or under the Constitution.

E. There apparently exists no lawful or Constitutional representation of the People in the state of North Dakota or the United States judicial branch, and Appellant remains under grave risk and constant threats to his life, liberties, and property, because he is a law-abiding American pursuing liberty and justice.

F. Unless the Supreme Court provides all Citizens, including Nowik, immediate and proper access to honorable inferior courts which MUST adhere to the Rules, laws and Constitution for valid complaints or grievances in all cases, there can be no United States Supreme Court and no liberty and justice in America.

G. Nowik now represents the United States, the Constitution, and the People, THE GOVERNMENT. Without the laws and Constitution, there can be no other legitimate United States, no state, no presidency, Congress, or judicial system. Without the Constitution, their official powers have all been usurped and dissolved.

H. Thereby, Nowik DEMANDS that the Supreme Court and the federal courts cease participating in conspiracies to destroy the United States and provide him and all Americans immediate access to honorable public forums and freedom and justice, and the restoration of the legal principles established by the Founding Fathers.



II. ARGUMENT

A. There can only be one judicial system in the United States, and it must have jurisdiction over cases arising under the laws and Constitution of the United States.

Without it, all trials or court proceedings are clearly in jeopardy, including the related major Justice Department illegal gambling trial scheduled for August in Fargo, North Dakota, against Racing Services, Inc. You cannot have an honorable courtroom and a corrupt one operating in the very next room and say everything is hunky-dory. Many lawyers and judges may be honorable but when these same practitioners operate in a courthouse or system which they know is corrupt they themselves are violating the law and operating illegally and unconstitutionally. No lawyers or court officers can permit officials to oppress any individual in the United States and say it is okay because it hasn't touched or affected them. In that case, there is still no Constitutional United States judiciary.

B. The law and Constitution need to be given priority and consideration in every case, not the whims or backaches of robed tyrants. Politics should never enter the picture, or be addressed for appropriate accountability. There can be no room in American courthouses or the judicial system for incompetent, lazy, corrupt, treasonous judges, lawyers, or officials. Or biased, capricious, and power crazy ones.

C. Nowik has ten years worth of continuous documented corruption, oppression, contempt of court, and misconduct in federal court, by lawyers, judges, and city, county, state, and federal officials, to obstruct justice and protect those same entities and individuals for the past decade.

His life is still being constantly threatened and endangered every day because of this outrageous case. Nowik is still unable to tend to his lawful affairs and interests, including buying groceries and tending to his needs and necessities, and assisting his mother in the operation and care
of his now deceased stepfather's ranch.

Officials have knowingly and maliciously violated each and every possible law and civil and Constitutional right, and renounced the laws and Constitution, for all this time, and obviously have a conflict of interest in having illegally protected those same individuals by genocidal persecution and torture in this instant case and also prosecuting them on the other hand at this same time. This upcoming trial is clearly in jeopardy by the record of this lengthy and complicated litigation, and the unconstitutional court proceedings should be of great interest to the media and the public.

D. Having engaged in ten years of criminal and civil violations of law to protect Racing Services, Inc. and its various entities, an obvious conflict of interest, North Dakota officials, federal courts, and the Justice Department no longer have authority or jurisdiction to prosecute anyone at trial in August.

If the Supreme Court does not resolve this situation immediately, Nowik will have to promptly and legally move and exercise his federal right to travel, at greater risk to his life, to ensure that the public and the inhabitants of the state, are made aware of all of these despicable crimes against humanity, to protect their Constitutional interests. This Court cannot reasonably continue the secret conspiracy to violate rights and protect a corrupt enterprise. By the evidence and the record, it is obvious that the powers of the states and country have been treasonously usurped and dissolved for the personal and private interests of tyrants and traitors.

E. Torture is not acceptable in the United States, whether committed by the military, bureaucracy, or the judiciary.

Speaking on Tuesday, June 17, 2004, in the Oval Office, President George W. Bush told reporters:

"We do not condone torture. I have never ordered torture. I will never order torture. The values of this country are such that torture is not a part of our soul and our being."

The federal torture statute, Title 18, U.S.C. ยง 2340, cannot thereby be deliberately and maliciously violated by any courts, judges, officials, or public servants.

F. The Supreme Court must restore the judicial integrity of the United States by considering the real issues of this case.

The deliberate and malicious abrogation, abdication, and renunciation of cases arising under the laws and Constitution, and the deprivation of Nowik's right to access the courts for liberty and justice from continuing official persecution, oppression, and racketeering must be immediately rescinded and overturned. The Constitution and the very existence of the United States is at stake, as well as the lives of American Citizens.

Americans need to know that they are being served by honorable public servants instead of shysters, swindlers, and tyrants, and that any association or contact with, or communication from, any bureaucrat or official is with reputable public servants properly performing their duties.

III. CONCLUSION

This is obviously a critical situation and complex case, and all of the issues must be appropriately addressed and resolved for the public good. Nowik is clearly entitled to his freedom and justice from this atrocious persecution and oppression, to protection order from the unlawful and unconstitutional authority or jurisdiction of North Dakota officials, default judgment, increasing equitable compensatory and punitive damages under the racketeering statutes, and full
resolution of this outrageous civil racketeering case as indicated in the record.

If the Justices of this Supreme Court do not hear this case, they should immediately provide the People with immediate access to the Courts and remand and return it to the lower courts with specific instructions for honorable and proper public proceedings pursuant to federal Rules, Laws, and U.S. Constitution.

Pursuant to Rule 11, Federal Rules of Civil Procedure, it is hereby certified that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, this
Appellant's Appeal Brief is well grounded in fact and is warranted by existing law.

Date: June 25 , 2004

Respectfully submitted,
______________________________
Michael H. Nowik,
Petitioner Pro Se,
Independent Federal Prosecutor,
Private Attorney General of the United States

Certification

I, _________________, hereby certify that this petition for rehearing is submitted and restricted to the grounds specified in the Rules and is presented in good faith and not for the purposes of any delay.


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