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To the Clerks Office of the United States Third Circuit Court of Appeals
James A. Byrne United States Courthouse
601 Market Street
Philadelphia, Pa. 19106
Kwasi Seitu, Complainant
215 Oakwood Street SE
#304
Washington, D.C. 20032
Complaint of Criminal Misconduct Against
Theodore McKee, Chief Judge, the United States Third Circuit Court of Appeals, and
Wilma Lewis, Chief Judge, U.S. District Court for the Virgin Islands
This complaint is made pursuant to the provisions of 28 USC §16, et seq., against the racist and
entirely lawless conduct of Theodore McKee, the chief judge of the United States Appeals Third Circuit
Appeals Court, and Wilma Lewis, chief judge of the United States District Court for the Virgin Islands.
Both have refused and failed in any way comply with the Due Process mandates of the U.S.
Constitution, laws, rules of court, his oath of office, and judicial ethics with regard to the habeas corpus
petitions filed by and on behalf of the above-named Sovereigns. Instead of receiving “due process” on
their petitions, the Sovereigns have received nothing but further repression in retaliation, first being
removed to punitive segregation at the prison in the Virgin Islands, then being removed entirely a short
while later to a maximum-security prison of the Corrections Corporation of America in Arizona. In the
meantime, their petitions have gone and continue to go unprocessed, denying them redress through the
courts of the United States.
I.
Background
In December 2015, the three Sovereigns all filed petitions seeking the issuance of writs of habeas
corpus pursuant to 28 USC 2241-43, alleging 15-years of illegal detention by way of a conspiracy
between the United States government and its colonial administrations of the Virgin Islands. Whereas,
Haneef Bey (aka) “Beaumont Gereau,” Abdul Azziz (aka) “Warren Ballentine,” and Malik Bey (aka)
“Meral Smith” were tried, convicted, sentenced, and exclusively imprisoned by the United States since
1973. In 2000-01, the United States terminated its hold on the Sovereigns, however, instead of then
releasing them as free men, the United States Federal Bureau of Prisons arranged the illegal “transfer”
of the Sovereigns to the “custody” of its colonial administration in the Virgin Islands for continued
detention. Wilma Lewis has refused to process the applications and apparently conspired with the
colonial administration to subject the Sovereigns to further repression in retaliation. Theodore McKee
then refused to process to the habeas petition on behalf of the Sovereigns filed by the Complainant.
II.
Statement of Facts
1. In December 2015 Haneef Bey (aka) “Beaumont Gereau,” Abdul Azziz (aka) “Warren Ballentine,”
and Malik Bey (aka) “Meral Smith” all filed applications for the issuance of writs of habeas corpus to
the U.S. District Court for the Virgin Islands, on the basis that they have been illegally detained after
the termination of “U.S.” custody over them in 2000-01.
2. In 1973, the three Sovereigns where prosecuted by the U.S. government in the U.S. District Court
and sentenced to confinement under the custody and control of the Federal Bureau of Prisons.
3. For 29-years these men and those similarly situated, remained in custody and control of the FBOP,
then in 2000-01, began being “transferred” to the custody and control of the administration of the
colonial administration even though it had none by law.
4. Shortly after the petitions were delivered to Wilma Lewis by the clerks of the court, the three
Sovereigns were rounded up and placed into punitive segregation as “security risks,” even though for
years they were treated as less then minimum-security prisoners, being allowed to attend community
events without escort.
5. In the meantime, Wilma Lewis is not processing their applications and more than a month after
when she should have processed and addressed those petitions, Lewis attempted to give the appearance
of judicial action by responding to a “Motion” filed by Meral Smith, seeking protections from the
retaliatory actions of the colonial regime.
6. Wilma Lewis, even though she had criminally failed to process and proceed on the petitions for the
writ of habeas corpus, mentioned them only in passing as “Background” in her order denying Meral
Smith's motion for protection from the retribution he and his fellow petitioners were being subjected
for filing to her court for justice.
7. While denying the Sovereigns habeas corpus access to the court, Wilma Lewis deliberately and
without lawful authority, acted to falsify the nature of the action away from habeas corpus to one of a
conditions of confinement matter, which she then denied.
8. Wilma Lewis then referred the matter to a magistrate in order to perpetuate the fraud that the only
recourse for the Sovereigns was filing a conditions of confinement action, which she had already
summarily denied, resulting in the Sovereigns and all those similarly situated being removed to a
private prison in Arizona.
9. As a result of the criminal obstruction by Wilma Lewis, with that of the colonial administration, the
Complainant filed for the writ of habeas corpus on behalf of the three Sovereigns to Theodore McKee,
the chief judge of the U.S. Third Circuit Court of Appeals, which has “U.S.” judicial authority over the
courts of the Virgin Islands.
10. Even though the original petition sent to McKee in March 2016 was never returned to sender as
“undeliverable,” no record of its receipt existed in the clerks office as of early April, so a second copy
was filed through certified mail, and certified as received by McKee's secretary on April 16th, 2016.
11. To date, Theodore McKee has not acted on the petition filed on behalf of the three Sovereigns and
all those similarly situated, except to perpetuate not only their illegal detention, but their repressive
punitive treatment for applying to the U.S. government to comply with the “Rule of Law,” domestic
and International.
III.
Basis for Action
Wilma Lewis and Theodore McKee, in concert with others, have operated to maintain the violation
of domestic and international law against the three-named Sovereigns and the Complainant by denying
them access to the laws and tribunals of the United States. For nearly seven -months there has been no
process on the habeas corpus applications in violation of 28 USC §2241-43, the U.S. Constitution, and
the Universal Declaration of Human Rights an international treaty.
IV.
Grounds for Relief
1. The U.S. clearly terminated its claimed penal “jurisdiction” over the Sovereigns in 2000-01, along
with its claimed hold on over 100 of their fellow islanders, but did not release them as required by U.S.
and international law. Instead the U.S. government decided to pretend that the terminations where
“transfers” back to the colonial administrations, which had no role in the imprisonment of these people,
men and women. The law on U.S. jurisdiction in such cases is clear and irrefutable, those persons not
being paroled to serve a separate sentence in a state or territory are free. Thomas v. Deboo, 2010 WL
1440465 (N.D.W.Va. 2010); Cannon v. Deboo, 2009 WL 692148 (N.D.W.Va. 2009); Brown v. United
States, 2009 WL 6962529 (S.D.W.Va. 2009); Papadapoulos v. Johns, 2011 WL 1104136 (E.D.N.C.
2011); Robinson v. Owens, 2008 WL 783782 (D.S.C. 2008); "Primary jurisdiction continues until the
first sovereign relinquishes its priority in some way. Generally, a sovereign can only relinquish primary
jurisdiction in one of four ways: (1) release on bail, (2) dismissal of charges, (3) parole, or (4)
expiration of sentence."). Sanders v. Federal Bureau of Prisons, 2009 WL 1917093 (W.D. Va. 2009).
2. The statutory provisions of 28 USC 2243, mandates the processing of the writ for habeas corpus to
address illegal detentions, bui which neither Wilma Lewis or Theodore McKee have respected or
complied with, grossly violating all domestic and international law. They nullified the Human Rights of
the these Sovereigns, who are such because they are “Human Beings,” with which the recognition of
“citizenship” within or by the U.S. government has no bearing unless all of a sudden the Sovereigns
and all those similarly detained as themselves have now been secretly classified as “(e)(1)” under the
new rules on U.S. habeas corpus law, whereby “No court, justice, or judge shall have jurisdiction to
hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien
detained by the United States who has been determined by the United States to have been
properly detained as an enemy combatant or is awaiting such determination.” Thus, the U.S.
courts here have been caught not only applying this fascist provision, but retroactively.
3. Whereby the writ of habeas corpus was supposedly developed and declared in European and
“American” law as part of the involute “Supreme” law of the land, yet it is constantly being violated by
purported “federal judges such as Wilma Lewis and Theodore McKee have made any effort to comply
with the Rule of Law in this matter, specifically for the purpose of repressing it. Under Section 2243,
governing the issuance of the writ, the return, the hearing, and decision the justice or judge
entertaining the application for a writ of habeas corpus “shall (a) forthwith award the writ or issue an
order directing the respondent to show cause why the writ should not be granted, unless it appears
from the application that the applicant or person detained is not entitled thereto directed to the
person having custody of the person detained.”
4. The law provides and indeed mandates that under provision (b) that the response of the holding
person or entity “... shall be returned within three days unless for good cause additional time, not
exceeding twenty days, is allowed.” In neither instance have these any of the U.S. laws been followed
or complied with by its own agents comprising its judiciary.
5. United States law sets forth further that a “person to whom the writ or order is directed shall make a
return certifying the true cause of the detention and when returned, “shall be set for hearing, not more
than five days after the return unless for good cause additional time is allowed." None of this “Due
Process” has occurred in this matter in spite of petitions filed by the Sovereigns and on their behalf,
there has been a complete denial due process in order to maintain and re-enforce imperial rule.
Conclusion
Both Theodore McKee and Wilma Lewis warrant immediate suspension from the bench based on
their misconduct in this matter alone, and prosecuted to the letter of the law for their actions to obstruct
and prevent the habeas corpus process in this matter from proceeding, thus, obstructing justice.
However, their actions were in aid to the criminal actions of the United States government when it
illegally “transferred” the named Sovereigns and those similarly situated to the colonial administration
for continued indefinite illegal detention. The above-named Sovereigns and all others similarly situated
are entitled not only to their immediate unconditional release, but reparations for dec byades of illegal
detention by the denial of due process by U.S. courts under U.S. and International laws.
I declare under penalty of perjury that the statements made in this complaint are true and correct to
the best of my knowledge.
______________________________
Kwasi Seitu, Complainant
this the ______ day of June, 2016