MEMO
TO: Ms. Ann D. Work
dba Attorney-Advisor
Office of Information and Privacy
U.S. Department of Justice
Washington 20530
DISTRICT OF COLUMBIA, USA
FROM: Chester E. Davis, Sui Juris
DATE: October 25, 2007 A.D.
SUBJECT: FOIA Appeal to DOJ for PRESIDENTIAL COMMISSIONS
required of all 25 Tax Court judges
Greetings Ms. Work:
Thank you very much for your letter dated October 16, 2007.
I am writing to clarify a few important points that arise from your letter, and to object to the errors that are apparent to me in that letter.
First of all, we appreciate that DOJ has now confirmed that the United States Tax Court is a “court of the United States” as the latter term occurs at 5 U.S.C. 551(1)(B).
Nevertheless, I am not appealing any “action of the Tax Court” on my request for records, chiefly because my original FOIA Request was submitted to the U.S. Department of Justice, NOT to the Tax Court.
Of greatest importance, in my opinion, are the statutes which require that all Tax Court judges must have PRESIDENTIAL COMMISSIONS, and which designate the U.S. Department of Justice as the legal custodian of those PRESIDENTIAL COMMISSIONS.
See IRC § 7443 (“appointed by the President”) and 5 U.S.C. 2902(c) (“The commissions of judicial officers ... appointed by the President, by and with the advice and consent of the Senate ... shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General.”)
I have enclosed a document from the Supreme Law Library which cites and quotes the pertinent authorities concerning all such PRESIDENTIAL COMMISSIONS. For your convenience, that document is also available on the Internet here:
http://www.supremelaw.org/rsrc/commissions.htm
Please reconsider your reply in light of all the above.
Thank you very much for your continuing professional assistance.
Sincerely yours,
/s/ Chester E. Davis
Chester E. Davis, Sui Juris
Enclosure
U.S. Mail:
Chester E. Davis, Sui Juris
c/o P.O. Box 2176
Clackamas 97015
OREGON, USA