From: bill payne <billp@nmol.com>
Date: Fri, 7 Aug 1998 19:55:28 -0700 (PDT)
To: j orlin grabbe <senator@torricelli.senate.gov
Subject: Berlin Diaries, 1940-1945
Message-ID: <35CBBCF7.1CD0@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain

Friday 8/7/98 8:10 PM

J Orlin Grabbe  http://www.aci.net/kalliste/

The Great Crash by John Kenneth Galbraith pointed out that the crash did
not come
with one catastrophic plunge.

Rather the market, lowered, many thinking this was the bottom,
reinvested.

The market lowered again.

This cycle, Galbraith pointed out, was repeated until about everyone was
broke.
http://www.cib.org.uk/eng/alinks/a000769.htm

About corrupt courts, EVEN the Nazi's were finally so horrified by what
happened after
the assassination attempt on Hitler the Nazi's even became appalled.  

A GREAT BOOK about this was written 

                     Berlin Diaries, 1940-1945
                     by Marie Vassiltchikov 
                     
                    
Later
bill


Friday 8/7/98  7:30 AM
 
Certified   Return receipt requested 
 
Proctor Hug  Jr 
Chief Judge, Ninth Circuit 
50 West Liberty Street 
Reno, NV 89501-1948 
(702) 784-5631 
784-5166 fax 
 
Dear judge Hug: 
 
Purposes of this letter- criminal complaint affidavit are to 
 
1 file a criminal complaint affidavits against Ninth circuit Senior Case Expeditor Gwen Baptiste for  
   Obstruction of Justice, 
 
2  ask why not have not yet done your job. 
 
On 4/1/98 I forwarded to you criminal complaint affidavits for proper processing. 
 
In a hand-addressed envelope stamped CONFIDENTIAL with return address 
 
              CLERK, U.S. COURT OF APPEALS 
	P.O. BOX 547 
	SAN FRANCISCO, CA 94101-0547 
 
	OFFICIAL BUSINESS 
	PENALTY FOR PRIVATE USE, 300 
 
postmarked  SAN FRANCISCO, CALIF  APR 24 98 U.S. POSTAGE $2.62 METER 504753 
some returned the complaints to me. 
 
On May 5, 1998 I received the ATTACHED letter which states 
 
  Re: Complaint of Judicial Misconduct 
 
  We have received your complaint of judicial misconduct or disability.  It is being returned to you for 
  failure to comply with the Rules of the Judicial Counsel of the Ninth Circuit Governing Complaints 
  of Judicial Misconduct or Disability (Rules).  See Rule 3(d). ... 
 
  xx_A copy of these Rules is enclosed.  To understand the purpose of the procedure and who may be 
  complained about, please refer to Rules 1 and 2. ... 
 
  xx  Statement of facts exceed five pages  See Rule 2(b). ... 
 
  xx  Other.  Please complete the complaint form and return sufficient copies.  See attached Rules for  
  guidance.   Your complaint can only be against Article Three Judges. 
 
				Very truly yours, 
 
				signature 
 
				Gwen Baptiste 
				Senior Case Expeditor 
 
Judge Hug,  I am NOT filing a COMPLAINT OF JUDICIAL MISCONDUCT. 
 
I am filing CRIMINAL COMPLAINT AFFIDAVITS in accordance with procedures set forth in law. 
 
Our forefathers designed the criminal law system with the possibility in mind that a cabal of lawyers 
might band together in an attempt to prevent prosecution of one or more friends. 
 
Therefore, if local federal officials will not do their duty and prosecute for criminal activity IN WRITING , 
then a citizen has the right to seek and select a magistrate from another district. 
 
Most individuals would interpret the letter 
 
                              U.S. Department of Justice  
                              United States Attorney  
                              District of New Mexico  
                              Post Office Box 607 
                              Albuquerque, New Mexico 87103  
                                                                 505/766 3341 
                                                                 505/766 2868 
                                                                          FAX 505/766-8517 
                              May 19, 1997  
 
 
  Mr. William A. Payne  
  13015 Calle de Sandia, NE  
  Albuquerque, New Mexico 87111  
 
  Dear Mr. Payne:  
 
     My name is Robert J. Gorence. I am the First Assistant U.S. Attorney and the Chief of the Criminal    
  Division for the United States Attorney's Office for the District of New Mexico. I am in receipt of your  
  February 13, 1997 letter to Judge Frank John McGill as well as your September 20, 1996 Request for  
  Examination of Report Filed by a Judicial Officer. In your letter to Judge McGill, you assert on 
  page 2, paragraph 4 that you have filed a "criminal complaint affidavit" with Judge Bunton. On page 4 you  
  accuse Judge Paul Kelly of a felony. On page 8 you assert that you are waiting receipt of an arrest warrant for  
  Judge Kelly.  
 
     I do not understand the basis of your assertions. However, I will tell you that any attempt by you to privately  
  execute any type of "arrest warrant," against any member of the federal judiciary would constitute a violation  
  of 18 U.S.C.  1201 - Kidnaping, a felony which carries a potential of life imprisonment. Also, attempts on  
  your part to file private "criminal complaint affidavits" or "arrest warrants" regarding members of the federal  
  judiciary would constitute a violation of 18 U.S.C.  111 - Impeding a Federal Officer in the 
  Performance of Their Official Duties. I trust you will take my warnings seriously and that you will cease this  
  obstreperous conduct. If you do not, federal criminal charges will be filed against you.  
 
     Sincerely,  
 
     [Signature]  
 
     ROBERT J. GORENCE  
     First Assistant U.S. Attorney  
 
RJG/maf 
 
http://www.jya.com/whprjg.htm 
 
as an indication that justice would not be forthcoming from the New Mexico District Attorney's Office. 
 
Therefore, I sought external relief. 
 
 First with Judge Fern Smith, District of Northern California  on March 11, 1996. 
 
Smith along with Albuquerque FBI agent-in-charge Thomas Knier sent FBI agents to our home to attempt to 
threaten me.  
 
Next I sought relief from  J. Clifford Wallace, chief judge,  Ninth Circuit Court of Appeals on  July 9, 1996. 
 
Wallace received a criminal complaint affidavit on Knier on July 15, 1996 for sending FBI agents in an 
attempt to threaten me. 
  
Ms. Corina Orozco,  Deputy Clerk., Ninth Circuit Court of Appeals wrote me 
 
             August 15, 1996 
 
             This court is in receipt of you letters dated July 15, 1996. 
 
             If you wish to file an appeal in this court and seek 
             judicial relief you must first file an action in the U.S. 
             District Court. 
 
NO, judge Hug, I was filing CRIMINAL COMPLAINT AFFIDAVITS. 
 
Gwen Baptiste from the Office of  the Clerk, United States Court of Appeals for The Ninth Circuit, 
wrote on July 25, 1996 
 
                  Re: Complaint of Judicial Misconduct 
 
             We have received your complaint of judicial misconduct. 
             Pursuant to the Rules of the Judicial Council of the Ninth 
             Circuit Governing Complaints of Judicial Misconduct or 
             Disability, you complaint is being returned to you for 
             compliance with the above rules.  A copy of these rules is 
             enclosed.  To understand the purpose of the procedure and 
             who may be complaint about please refer to Rules 1 and 2. 
 
AGAIN, judge Hug, I am filing CRIMINAL COMPLAINT AFFIDAVITS not COMPLAINTS OF JUDICIAL  
MISCONDUCT.   
 
Judge Hug, I hope it is FINALLY CLEAR that I am filing CRIMINAL COMPLAINT AFFIDAVITS as 
I am entitled to do by law. 
 
Judge Hug, THE DOCUMENTS YOU SHOULD HAVE IN YOUR POSSESSION and you can 
view on Internet at http://www.jya.com/snlhit.htm show 
 
1  Criminal violations of the Privacy Act http://www.jya.com/hr105-37.txt 
    ATTACHED 11 pages beginning with Sandia National Laboratories 
    director  Michael Robles writing EEOC Director Charles Burtner. 
 
    A  I never saw the documents until Sandia employee Richard Gallegos gave me a copy in 1997.  
    B  Sandia denied that the documents existed.   
    C  The documents contain factually incorrect information.  I did NOTHING WRONG.  I followed all        
         Sandia procedures known to me and obtained all required Sandia approvals.
    D  I was never given an opportunity to defend myself.  http://jya.com/greene.htm  
    E  Neither Sandia nor EEOC had my permission in writing for release  of the information.  
 
2  A ATTACHED PERJURED SWORN affidavit by Sandia attorney Gregory Cone submitted 
of the court of New Mexico judge John Conway. 
 
             AFFIDAVIT OF GREGORY A. CONE 
 
             Gregory A. Cone, being duly sworn, deposes and states: 
 
             1. I am employed by Sandia Corporation.  I am an attorney 
             admitted to practice law in the State of California and before the 
             U. S. Patent and Trademark Office and concentrate on legal issues 
             related to patent and copyright law.  In that capacity, I am  
             familiar with activities at the Sandia National Laboratories 
             ("Sandia") as they related to what is sometimes referred to as 
             "reverse engineering." ... 
 
              It is the general view at Sandia that disassembly of "object 
             code" under such circumstances constitutes a "fair use" of 
             copyrighted software under 17 U.S.C. article 107 and is thus 
             permissible.  Sandia bases its view on Sega Enterprises v. 
             Accolade, Inc. 977 F.2d 1510, 24 U.S.P. Q. 2d 1561 (9th Cir. 
             1992), amended, 1993 U. S. App. LEXIS 78, and Atari Games Corp 
             v. Nintendo of America, Inc, 975 F.2d 832 (Fed. Cir.  
             1992) ... 
 
             FURTHER, Affidavit sayeth naught. 
                                  
                                 (signed) 
                                GREGORY A. CONE. 
 
             SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me on this 12th 
             day of August, 1993, by Gregory A. Cone." 
                                                 (signed) 
                                                Mary A. Resnick 
 
                                                Notary Public 
 
             My Commission Expires: 
 
             2-7-94 
 
Lawyer Cone has citations reversed.  The  U. S. Patent Quarterly references the Atari v Nintendo lawsuit.   
1510 should be corrected to 1015. 
 
Judge Fern Smith  ruled in both cases: 
 
                The first two cases to directly address the issue of 
                intermediate copying both originated in California's 
                Northern District Court.  They are Atari v. Nintendo and 
                Sega v. Accolade.  In both cases, the district court  
                found that intermediate copying was NOT fair use. ... 
  
                In a strong opinion she [Fern Smith] wrote in March 1991, 
                when granting Nintendo's request for a preliminary 
                injunction against Atari, she lambasted Atari's lawyers for 
                thievery.  ... 
 
                However, both cases have been overruled on appeal. In the 
                ground-breaking Atari decision, the Federal Circuit held 
                that intermediate copying was a fair use.  The Sega 
                decision, which was appealed to the Ninth Circuit Court of 
                Appeals, similarly overruled the district court and held 
                that intermediate copying may be fair use. 
 
        The New Use of Fair Use:  Accessing Copyrighted Programs Through  
        Reverse Engineering, Stephen B. Maebius, Journal of the Patent and  
        Trademark Office Society, June 1993, 75, n6, p433 
 
Cone's affidavit attempts to create the appearance that  reverse engineering  I REFUSED to do for the FBI was  
legal before July 27, 1992, the date of  my firing.  
 
Decision of the appeal was apparently Decided SEPTEMBER 10, 1992.  Page 1016 from 24 USPQ 2d, Atari  
Games Corp.  v. Nintendo of America.  I was fired JULY 27, 1992! 
 
Lawyer Cone has under oath knowingly made a false material declaration before a court.   
 
Judge Hug, we just can't get the arrest warrant issued for Cone YET.  Or for those who violated the criminal 
sections of the Privacy Act 
 
Judges and clerks who are apparently are reluctant to properly proceed against other federal or federal contract 
employee are themselves committing crimes. 
 
Judge Hug, there is ONE SET OF LAWS in the United States of America.  Not a set of laws which applies to 
ordinary citizens and another which apply to judges, clerks, federal and federal contract employees. 
 
Rule 3 of the Federal Rules of Criminal Procedure, entitled the Complaint provides: 
 
              The complaint is a written statement of the essential  
	facts constituting the offense charged.  It shall be made  
	upon oath before a magistrate. 
 
As you may be aware, 
 
             An individual may "make a written complaint on oath before  
	an examining and committing magistrate, and obtain a warrant  
	of arrest."  This is in conformity with the Federal  
	Constitution, and "consonant with the principles of natural  
	justice and personal liberty found in the common law." 
 
        [United States v Kilpatrick (1883, DC NC) 16G 765, 769] 
 
You may also be aware, 
 
            A complaint though quite general in terms is valid if it 
            sufficiently apprises the defendant of the nature of the 
            offense with which he is charged. 
 
        [United States v Wood (1927, DC Tex) 26F2d 908, 910, affd 
        (CA5 Tex) 26 F2d 912. 
 
And for your edification, 
 
        The commission of a crime must be shown by facts positively 
        stated.  The oath or affirmation required is of facts and 
        not opinions or conclusion. 
 
        [United States ex rel. King v Gokey (1929, DC NY) 32 F2d 
        793, 794] 
 
        The complaint must be accompanied by an oath. 
 
        [Re Rules of Court (1877, CC Ga) 3 Woods 502, F Cas No 
        12126] 
 
        A complaint must be sworn to before a commissioner or other 
        officer empowered to commit persons charged with offenses 
        against the United States. 
 
        [United States v Bierley ( 1971, WD Pa) 331 F Supp 1182] 
 
Such office is now called a magistrate. 
 
        A complaint is ordinarily made by an investigating officer 
        or agent, and where private citizens seek warrants of 
        arrest, the practice recommended by the Judicial Conference 
        of the United States is to refer the complaint to the United 
        States Attorney.  However, further reference to him is 
        rendered futile where a mandamus proceeding is brought to 
        compel him to prosecute and he opposes the proceeding. 
 
        [Pugach v Klein (1961, SD NY) 193 F Supp 630, citing Manual 
        for United States Commissioners 5 (1948)] 
 
Any attempt to bring criminal complaints to government authorities  
would, of course, be as evidenced by Gorrence's letter http://www.jya.com/whprjg.htm . 
 
I am a citizen of the United States and you are the assigned  
magistrate. 
 
        In order to satisfy the requirement of the Constitution  
        and Rules 3 and 4, a written and sworn complaint should set 
        forth the essential facts constituting the offense charged 
        and also facts showing that the offense was committed and 
        that the defendant committed it. 
 
And, 
 
        As to the requirement that the complaint be made on personal 
        knowledge of the complainant, it is enough for the issuance 
        of a warrant that a complainant shows it to be on the 
        knowledge of the complainant. 
 
        [Giordenello v United States (1958) 357 US 480, 2 L Ed. 2d 
        1503, 78 S Ct 1245, rev. (Ca5 Tx) 241 F2d 575, 579 in accord 
        Rice v Ames (1901) 180 US 371, 45 L Ed 577, 21 S ct 406, and 
        United States v Walker, (1952, CA2 NY) 197 F 2d 287, 289, 
        cert den 344 US 877, 97 L Ed 679, 73 S Ct 172] 
 
So as to keep contiguous the requirements of the law and the criminal  
complaint affidavits, I will include this complaint in this letter  
to you. 
 
CRIMINAL COMPLAINT AFFIDAVIT: Gwen Baptiste 
 
Essential material facts are: 
 
1 July 25, 1996 Gwen Baptiste improperly returns criminal complaint affidavits properly forwarded to  
Ninth Circuit judge J Clifford Wallace. 
 
2 May 5, 1998  Bapitist repeats return of criminal complaint affidavits properly sent to judge Proctor Hug  Jr. 
 
COUNT 1 
 
3  Ninth circuit Senior Case Expeditor Gwen Baptiste  is charged with REPEATED INTENTIONAL  
MACLIOUS Obstruction of Justice, 18 USC 1512, (b) and (c).  
 
Title 18 Obstruction of Justice, Article  1512, as amended, states 
 
             Tampering with a witness, victim, or an informant 
 
             (b) Whoever knowingly uses intimidation ...  
	     threatens, ... or engages in misleading conduct toward  
	     another person with intent to - 
 
             (3) hinder, delay or prevent the communication to a law 
             enforcement officer or judge of the United States of 
             information relating to the commission or possible 
             commission of a Federal offense ... 
 
             (c) Whoever intentionally harasses another person and  
	     thereby hinders, delays, prevents, or dissuades any  
	     person from -  
 
             (1) reporting to a law enforcement or judge of the United 
             States the commission or possible commission of a Federal 
             offense ... 
 
             or attempts to do so, shall be fined under this title or imprisoned ... 
				 
for Baptiste's TWO attempts to convince citizen Payne to file a judicial misconduct complaint 
when Payne was filing CRIMINAL COMPLAINT AFFIDAVITS. 
 
              VERIFICATION 
 
              Under penalty of perjury as provided by law, the  
	undersigned certifies pursuant to 28 USC section 1746  
	that material factual statements set forth in this  
	criminal complaint are true and correct, except as to  
	any matters therein stated to be information and belief  
	of such matters the undersigned certifies as aforesaid  
	that the undersigned verily believes the same to be true. 
 
 
 
 
             Date                     William H. Payne 
        			 13015 Calle de Sandias NE 
                                          Albuquerque, NM 87111 
                                          505-292-7037 
  
Judge Hug, many citizens are becoming disgusted with government misconduct.  Something must 
be done to correct this. 
 
One example is of government misconduct is how the Department of Justice handled the case of a citizen  
ACCUSED of a federal firearm violation. http://www.monumental.com/SkyWriter/WacoMuseum/ 
 
Displeasure with the way the government handled to bring the ACCUSED to justice led to an 
unfortunate display of dissatisfaction.  ARTICLES RELATED TO OKLAHOMA CITY BOMBING   
http://www.aci.net/kalliste/  
 
Tenth circuit court clerks and judges violated their own rules denying court wins to citizen Morales and 
myself.  Senator Orrin Hatch improperly processed a judicial misconduct complaint against New Mexico
judge John Conway. http://www.jya.com/whp071598.htm

These two acts mostly caused Morales and me AND OTHERS to reveal additional unfortunate decisions by
factions within the US government in the hope PROMPT SETTLEMENT will bring relief. 
http://www.aci.net/kalliste/speccoll.htm   http://caq.com/cryptogate  http://jya.com/whpfiles.htm   
 
We seeks changes within the law so as to avoid future citizen frustration of our government and legal system 
not working properly.   
 
And possible unacceptable, but understandable, future expressions of frustrations of government employees not  
obeying the law. 
 
WRITTEN EVIDENCE both in document copies and on Internet is so BLATANT that crimes have been  
committed. 
 
 I ask that you do you job and issue the warrants of arrest.  Or write me and tell me why you cannot. 
 
I ask that you respond within 30 days. 
 
No response is an invalid response.  As  accused felon former chief judge J Clifford Wallace may 
now know. 
 
Sincerely, 
 
 
 
William H. Payne 
13015 Calle de Sandias NE 
Albuquerque, NM 87111 
 
Distribution 
 
Antoin Scalia   http://www.jya.com/whpscalia.htm   Certified Return receipt requested 
http://www.senate.gov/committee/judiciary.html