In the United States District Court
for the Southern District of Missouri
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Marc Perkel,
Appellant,
Vs
United States of America
House of Representatives
Appellee
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Appeal No.: _____________________
Federal Case No.: 98-3387-CV-S-RGC
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NOTICE OF APPEAL AND BRIEF
Notice is hereby given that Marc Perkel, Appellant, in the above named
case, hereby appeals to the United States Court of Appeals for the Eight circuit from final judgment be entered in this action on September 17th
1998. Because this case involves
an emergency injunction and is of national importance, Appellant (hereafter referenced as I) moves this court to take immediate action on an emergency basis. Because of the emergency nature of this appeal, and that it
is of national importance, I will
outline the issues here. I request that this court excuse issues of form and procedure and take any action it deems necessary to protect the integrity of the elections, the interests of the United States of America, and
the integrity of the judicial
system.
Issues Involved
I have laid out my issues and arguments quite clearly in my pleading and my motion to reconsider. I'll stand by those statements and arguments as my statement to this court. I make one
correction in that it has come to my
attention that my quote of Kenneth Starr's interview on 60 minutes might not have happened. However, it doesn't change my arguments. I will now quickly outline the issues on appeal.
I am asking for an injunction to remove X-rated material contained in the Independent Counsel report from government controlled web sites because they violate the pornography laws of all 50 states and
undermine the ability of states to
exercise their reserved rights under the 10th amendment of the Constitution.
I am asking that the X-rated material be removed because government web sites should contain only G-rated material and because the material is reproduced in G-rated newspapers and is delivered to people who do not
want X-rated material forced upon
them.
I ask for these injunctions to prevent the government from releasing additional X-rated material.
I am asking that this court order that secret grand jury testimony should not be released to the public without the Court's supervision to protect the rights of those innocent people who might be harmed by the
release.
I am asking that this Court take control of the distribution of secret grand jury testimony in order to preserve the integrity of the grand jury process and the public confidence in the ability of the court to
enforce it's own grand jury secrecy
rules.
The decision of the Federal Court, that grand jury secrecy Rule 6(e) doesn't apply to the Independent Counsel is in direct conflict with the DC Circuit Court of Appeals who ruled the opposite way. [Oliver L. North,
et al. (Omnibus Order 1994)]
The decision of the Federal Court, that the judiciary has no injunctive jurisdiction over the House of Representatives is in direct conflict with the United States Constitution and the concept of balance of powers.
Members of Congress would have more
immunity than the judiciary itself enjoys.
The decision of the Federal Court, that the Internet is an extension of the House Floor and is therefore covered under the Speech and Debate Clause is very dangerous and needs serious rethinking.
I have raised the issue that the "impeachment process" is really not an impeachment process because it lacks the characteristics of an impeachment process and is in fact election tampering.
We are perhaps 6 days away from a shutdown of the government of the United States of America who's 1999 fiscal year starts on October 1st. This injunction will indirectly and significantly affect if or
when this shutdown occurs and the
process of passing a continuing resolution to keep America open for business.
The integrity of the grand jury process is threatened by allowing secret testimony to become public without the Court's supervision.
The Independent Counsel laws have created a monster that operates as a fourth branch of government and is immune from adequate control by the other three branches. The Independent Counsel behaves much like a
monarchy and is similar to the Communist
Secret Police that Americans find repugnant. This court has a duty to enjoin the Special Prosecutor and rule the Independent Counsel laws to be unconstitutional.
WHEREFORE, for the above stated reasons, Appellant prays for this court to take whatever emergency action it deems necessary to deal with the issues presented herein and in his pleading and his motion to
reconsider.
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Marc Perkel - Appellant
309 North Jefferson #220
Springfield, Mo. 65802
417-866-1222
