3/11/03 Radiation Health Foundation Inc.,www.rhfweb.com

President, Thomas Daniel Clark,

Lansing, MI 48917, USA

United States District Court

Western District of Michigan

Office of the Clerk, (616) 456-2381

RE: Notice of Appeal Request for Civil Case No: 1-02-CV-782

399 Federal Building

110 Michigan Street, NW

Grand Rapids, MI 49503

RE: Please file this document as a Notice of Appeal request for Civil Action with Plaintiff Thomas D. Clark vs. Department of State, U.S.Corp. and USA Government, and its agencies and agents, being sued as National Security Agency; and its director, Lt. Hayden, Administrative Action 9800 Savage Road Fort George G. Meade, MD 20755-6000.

Notice of Appeal & Cause of Action for Complaint for Declaratory and Injunctive Relief

Thomas D. Clark Plaintiff, Civil Case NO: 1:02-cv-00782-GJQ,

vs.

United States of America,

National Security Agency, Defendant, Hon. Gordon J. Quist, United States Judge.

Court of Appeals Request

Cause of Action of Appeal:

1. I would like to ask your honor to reread the initial 15 page case filed as Civil Case NO: 1:02-cv-00782-GJQ in Grand Rapids Court on 11/06/2002 and digitally available on the Pacer System including all of the supplements 1,2,and 3 and peruse the evidence, since the case was filed as a constitutional case based on purely constitutional arguments which needed no evidence, though motives and evidence were presented in the case to show the extent of the constitutional violations. The case was also filed as an administrative procedure act request per the recommendation of my congressman Nick Smith of Jackson MI, who’s letter of recommendation was included as evidence in Exhibit A of the main case, to ask the US government, and NSA, to correct the constitutional violations by changing governmental policy, which the former Honorable Judge Quist conveniently overlooked in the ruling. The US government and NSA never responded to the Administrative Procedure Act request, and complaint in court or out of court, which was the main complaint in the case besides the constitutional complaint also filed as a tort complaint. An administrative procedure act request is a simple complaint filed to ask the government to change a policy, and evidence need not even be submitted for a complaint based on constitutional grounds, though evidence was submitted. I should at least get a response as to yes or no, from the NSA, US corp. and governmental as to whether they will consider changing their policies to correct the complaint filed. And if the Government and NSA still remains mute due to executive privilege, then I should certainly get a monetary award for the government silence, and inaction, in performing their duties, to defend the constitutional rights of US citizens, which includes myself.

2. By declaring the Without Prejudice UCC 1-207 in the original case, I am entitled to a ruling on the case based on constitutional grounds and not just on federal statutory grounds. Your Honor, my use of Without Prejudice UCC 1-207 above my signature on this document below indicates that I have exercised the Remedy provide for me in the Uniform Commercial Code in book 1at Section 20, to be compelled to perform under any contract, or agreement, that I have not entered into knowingly, voluntarily, and intentionally. And, that reservation serves notice upon all administrative agencies of government -- national, state, and local, -- that I do not, and will not, accept the liability associated with the compelled benefit of any unrevealed commercial agreement, in relations to this specific case. This is further discussed in how it applies to this case in item 10 of the original case submitted.

3. Even if your honor considers the case based on a tort act, I believe there was enough evidence presented if the evidence if look at by the court, to show that US citizens in general are harmed by surveillance and satellite and radar reconnaissance imaging technologies used on US citizens daily by the NSA and government to image the US landscape, as supplementary arguments and evidence 1,2, and 3 of the case clearly showed. Magnetic energies from infrared imaging lasers used in imaging satellites and radar to take pictures of the US landscape, pass directly into homes through the walls, and harm the health of any US citizen. The constitutional violations, were caused by harm to privacy, freedom of association, and personal health of all US citizens in general, due to the general use of signals intelligence, and surveillance technologies used on all US citizens by the US government and the NSA as proven by the official governmental documents from the DOD surveillance policy Directive 5240, provided as evidence in Exhibit 1 of supplement 1; and since I am a US citizen, I may ask for relief due to damages done to my constitutional rights that have been violated in general, which harmed my right to freedom of association, religion, and health, and prevented me from getting work due to disabilities caused by radiation overexposure symptoms coming from surveillance and imaging technologies used on all US citizens in general. Case supplements 1,2, and 3 clearly provide documented evidence of the US government and the CIA funding media control programs, to be used as psychological warfare against US citizens, which harms the social and mental health of US citizens in general, and violates the constitutional rights, to freedom of speech and press. I clearly showed with evidence that the CIA had admitted to hiding Mind Control FOIA records to save processing time, in the main case:

“According to d(Exhibit C), "Under the CIA Intelligence Act of 1984 Congress allowed the CIA to simply exclude its operational files on all mind control activities, from Freedom of Information Act processing in exchange for its promise to greatly improve its pace for responding to FOIA requests for other, less sensitive, files."

which affects all US citizens who filed a Freedom of Information Act Request, and since I filed a Freedom of Information Act Request to the CIA and NSA regarding mind control records on file, then the CIA violated the Freedom of Information Act request, by hiding some of those records, even if those records may not have been records that applied to me in specific.

4. I provided the comments on my ancestry, and other motives in the case, that the former Hon. Judge Quist highlighted, simply as back ground motives for the case. The motives need not be proven or even presented in the case, to prove the case, since it is a constitutional case, but I wanted the court to understand the potential extent of the loss of constitutional freedoms of religion, culture and race based on ancestry due to the misuse of surveillance and directed energy technologies. Exhibits D and A of the original 15 page case clearly provided evidence from US citizens, Military personal, and other government agents that were emailed and mailed to the Radiation Health Foundation to be presented in the case, as evidence, to show that constitutional violations of health and privacy due to the use of surveillance and imaging technologies by the US government and corporation, affected not just me, but many US citizens and government agents in general.

5. I also asked the court to consider issuing a permanent restrain order on the US government and corporation in supplement 3 to the case, to define the airspace around my body as free from space based weapons, directed energies, surveillance, remote control of bodily functions by means of radio waves, and signals intelligence, so that the US government and corporation and its organizations and agreements made with other nation states and secret organizations, may not use any type of directed energies, surveillance, signals intelligence, and space weapons technologies on my person and associates. Any corporate or legal entity which includes a US or USA citizen can define the rights to the airspace above their property and person based on constitutional rights. Since Freedom of Information Act request are no longer valid, it is possible for the US government to use surveillance technologies on US citizens, without their knowledge and ability to check the use of such technologies on them.

Wherefore, Plaintiff prays as in the original case (1) that the Court order the defendants, the U.S. and USA Government, and any of its agencies, agents and organizations, such as the Department of State, and the National Security Agency:

(1) To provide a written response which states the legality, the law, and the federal statutes which grants the U.S. and USA government, its agents, agencies and organizations, such as the Department of State, and the National Security Agency, the right to make agreements (classified or public) with any U.S. agents, agencies, and organizations, to use signals intelligence and directed energies on U.S. and USA citizens, that may harm the physical, mental, spiritual, social and economic health of any U.S. and USA citizen.

(2) This Action is also filed to ask the U.S. Federal Court to rule, whether it is legal, lawful, and constitutional for the U.S. and USA government, any of its agencies, agents, and organizations, such as the National Security Agency, to make agreements (classified or public) with U.S. agents, agencies, and organizations, to use signals intelligence and directed energies on U.S. and USA citizens, that may harm the physical, mental, spiritual, social and economic health of any U.S. and USA citizen.

(3) If the U.S. Federal Court should rule that it is unlawful, illegal, or unconstitutional for the U.S. and USA government, any of its agencies, agents, and organizations, such as the National Security Agency, to make agreements (classified or public) with U.S. agents, agencies, and organizations to use signals intelligence and directed energies on U.S. and USA citizens, that may harm the physical, mental, spiritual, social and economic health of any U.S. and USA citizen, then I am asking for relief from the U.S. Federal Court as a U.S. Federal citizen, and as U.S.A common law citizen, that the U.S court order the U.S. and USA Government, and any of its agencies, agents and organizations, such as the NSA, to change any agreements (classified or public) that the U.S. government, its agents , agencies, and organizations, may have made with U.S. agents, agencies, and organizations, to use signals intelligence and directed energies on U.S. and USA, so that they do not harm any U.S. and USA citizen, and if possible for the US and USA to defend US and USA citizens from further harm by any organization.

Also you honor may consider, recommending that the US government, consider encouraging policies, congressional funding, and laws, that state that the US government and military forces may be used to protect US and USA citizens in general, specific cultural icons, governmental leaders, and corporate executives, from mind control attacks, directed energies, 4th generational infrastructure cold warfare attacks such as biological, chemical, and media attacks on US and USA citizens, and signals intelligence coming from organizations local and international, by developing a protective security and energy umbrella bubble encircling the US sky's, grounds, seas, and borders, in the US for all US and USA citizens. Present radio wave technologies, United States Patent 5,845,220 Puthoff December 1, 1998 Communication method and apparatus with signals comprising scalar and vector potentials without electromagnetic fields, and FCC legal codes may be used to justify, promotion of national and local governmental programs, monitoring equipment, and laws to monitor the USA air space over local cities, states, and nations, to limit the types of media, and radio waves that may enter these jurisdictions, to protect the health and privacy of USA citizens.

(4) I also ask the court to consider giving complete pardons and sanctuary to the U.S. and USA government, its agencies, agents, and organizations, such as the National Security agency, for any illegal, unlawful, and unconstitutional act against myself, Thomas D. Clark, as a U.S. and USA citizen , by the U.S. and USA government, it agents, agencies, and organizations, to harm me or any other U.S. and USA citizen, if the U.S. and USA government, its agencies, agents and organizations, such as the National Security Agency will agree to change any agreements that the NSA or the U.S. and USA government, its agencies, agents, and organizations may have made publicly, classified or secretly, to harm any specific U.S. and USA citizen , so that those agreements do not harm any U.S. or USA citizen, and if possible for the US and USA to defend US and USA citizens from further harm by any organization.

(5) that the court award the Plaintiff his costs and disbursements in the action pursuant to Title 5 U.S.C , Sec 552 (a) (4) (e), (3) that the court grant such other and further relief as the Court shall deem just and proper, and (4) provide for expedition of proceedings on this complaint pursuant to Title 5 U.S.C., Sec. 552(a) (4) (C) (D). I have suffered damages due to being fully disabled and unable to work as a professional computer scientist, since 1993, on account of radiation overexposure symptoms, loss of personal privacy, freedom of association, and general well being caused by radiation, surveillance and directed energy attacks, which amounts, to about $50,000 dollars per year in lost employment earnings or about $500,000 dollars total in monetary damages since 1993, that I have lost and suffered. The normal legal rule is to ask for twice the loss in damages, and if your honor feels that I have been wronged constitutionally or legally by the US government, and its agencies, and that a monetary relief is appropriate, then you honor may consider $1,000,000 dollars as appropriate monetary relief for the damages done to the plaintiff.

Dated 3/11/03, Lansing, Michigan

(Signed plaintiff and Attorney for Plaintiff),Without Prejudice UCC 1-207

_____________________________

Radiation Health Foundation Inc. at www.rhfweb.com

President, Thomas Daniel Clark,

Lansing, MI 48917, USA

Tom@rhfweb.com